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Taking stock: what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>22/07/2015
<mark>Journal</mark>Chinese Journal of Global Governance
Issue number1
Volume1
Number of pages29
Pages (from-to)67-95
Publication StatusPublished
<mark>Original language</mark>English

Abstract

Even though widely recognized as one of the core disciplines of international trade law, the interpretation of national treatment obligation has been long marked by legal indeterminacy. More recently, a series of landmark cases, including US – Clove Cigarettes, US – Tuna II (Mexico), US – COOL and EC – Seal Products, have fundamentally changed our collective understanding of the NT obligation in the GATT/WTO system. The purpose of this article is to take stock of what we have already known about the NT obligation in the WTO law (including the GATT 1994 and the TBT Agreement), identify some unresolved issues and discuss the options for the WTO Appellate Body to bring more clarity to the NT obligation in future adjudications.