Non-discrimination in the World Trade Organization : the rules and exceptions / William J. Davey.
Material type:
TextSeries: Pocketbooks of the Hague Academy of International Law | The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye ; 14.Publisher: [The Hague] : Hague Academy of International Law, 2012Description: 1 online resourceContent type: - text
- computer
- online resource
- 9789004233157
- 382.92 23
- K4610 .D38 2012
"Full text of the lecture published in April 2012 in the Recueil des cours, Vol. 354 (2011)"--Page 2.
Includes bibliographical references (pages 337-353).
The WTO/GATT system -- The concept and theory of non-discrimination rules -- Most-favoured nation treatment -- The exceptions to the most-favoured-nation obligation of Article I -- National treatment -- General exceptions -- Final observations.
Available to subscribing member institutions only.
Also available as an e-book International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the most favoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
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