1.

Record Nr.

UNINA9910463208503321

Autore

Davey William J. <1949->

Titolo

Non-discrimination in the World Trade Organization [[electronic resource] ] : the rules and exceptions / / William J. Davey

Pubbl/distr/stampa

[The Hague], : Hague Academy of International Law, 2012

ISBN

90-04-23315-6

Descrizione fisica

1 online resource (360 p.)

Collana

A collection of law lectures in pocketbook form

Disciplina

341.752

Soggetti

Foreign trade regulation

Tariff - Law and legislation

Arbitration (International law)

Electronic books.

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

"Full text of the lecture published in April 2012 in the Recueil des cours, Vol. 354 (2011)"--Page 2.

Nota di bibliografia

Includes bibliographical references (p. 337-353).

Nota di contenuto

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.

Sommario/riassunto

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.