The Principle of National Treatment in the GATT

The Principle of National Treatment in the GATT

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The analysis of the principle of national treatment in the GATT has shown many weaknesses or flaws over the years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of it, namely, likeness and protection, lags behind economic reality. This study reveals those flaws or weaknesses and offers a clearer and sounder legal analysis based on economic criteria. Marrying law with economics seems to me to better help the WTO promulgate transparency amongst its Members while offering them legal certainty. Analogies with the law and the reasoning of the investigating authorities in the United States and the European Communities are drawn to support the legal arguments.amount of local content and imported parts and components thereof.150 In October 1996, Japan, the EC and the ... while imported Toyota Corolla, Mitsubishi Lancer, Honda Civic and the Suzuki Baleno 1600 cc were subject to a thirty five peranbsp;...

Title:The Principle of National Treatment in the GATT
Author: Mattia Melloni
Publisher:Emile Bruylant - 2005-01-01

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