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Nondiscrimination in GATT/WTO: was there anything to begin with and is there anything left?

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  • SRINIVASAN, T. N.

Abstract

Nondiscriminatory treatment at its border of a like product coming from another WTO signatory (Article I on Most Favored Nation Treatment), and of domestic and foreign suppliers of like or similar products within its borders (Article III on National Treatment) are widely held to be the fundamental principles of GATT/WTO. Yet GATT included significant exceptions to nondiscriminatory treatment, for example, in its articles relating to customs unions and free trade areas, antidumping and safeguards. I argue that these exceptions have become dominant over time so that not much nondiscrimination remains in the global trading system. With the recent inclusion of services, intellectual property and trade-related investment measures, traditional GATT issues of tariff and non-tariff barriers at the border to market access have become less important compared to regulatory barriers inside the border. It is an open question whether nondiscrimination per se is a salient issue in thinking about multilateral disciplines in these new areas.

Suggested Citation

  • Srinivasan, T. N., 2005. "Nondiscrimination in GATT/WTO: was there anything to begin with and is there anything left?," World Trade Review, Cambridge University Press, vol. 4(1), pages 69-95, March.
    • Handle: RePEc:cup:wotrrv:v:4:y:2005:i:01:p:69-95_00
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    Cited by:

    1. Sherzod Shadikhodjaev, 1970. "National Treatment on Internal Taxation : Revisiting GATT Article III :2," Trade Working Papers 21941, East Asian Bureau of Economic Research.
    2. Aliyev, Khatai, 2014. "Expected Macroeconomic Impacts of the Accession to WTO on Azerbaijan Economy: Empirical Analysis," MPRA Paper 55096, University Library of Munich, Germany.
    3. Christie, Andrew, 2009. "Special and Differential Treatment in the GATT: A Pyrrhic Victory for Developing Countries," Estey Centre Journal of International Law and Trade Policy, Estey Centre for Law and Economics in International Trade, vol. 10(2), pages 1-22.
    4. Low, Patrick, 2014. "Preferentialism in Trade Relations: Challenges for the World Trade Organization," ADBI Working Papers 478, Asian Development Bank Institute.

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