Non-discrimination in the World Trade Organization: The Rules and Exceptions

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Martinus Nijhoff Publishers, Jul 4, 2012 - Social Science - 360 pages
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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 mostfavoured- 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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Contents

INTRODUCTION
15
CHAPTER I THE WTOGATT SYSTEM
18
CHAPTER II THE CONCEPT AND HISTORY OF NONDISCRIMINATION RULES
55
CHAPTER III MOSTFAVOUREDNATION TREATMENT
66
CHAPTER IV THE EXCEPTIONS TO THE MOSTFAVOUREDNATION OBLIGATION OF ARTICLE I
120
CHAPTER V NATIONAL TREATMENT
154
CHAPTER VI GENERAL EXCEPTIONS
243
CHAPTER VII FINAL OBSERVATIONS
333
BIBLIOGRAPHY
337
ABOUT THE AUTHOR
354
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About the author (2012)

William J. Davey, BA, JD (Michigan), Dr. iur.h.c. (Bern), is the Guy Raymond Jones Chair in Law Emeritus at the University of Illinois College of Law, where he has taught international trade law since 1984. He was Director of the Legal Affairs Division of the World Trade Organization from 1995 to 1999 and has written extensively on WTO dispute settlement and international trade rules.

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