Home > Research > Publications & Outputs > 'Treatment no less favourable' and the future o...

Electronic data

  • National Treatment in GATT Article III

    Rights statement: http://journals.cambridge.org/action/displayJournal?jid=WTR The final, definitive version of this article has been published in the Journal, World Trade Review, 15 (1), pp 139-163 2016, © 2016 Cambridge University Press.

    Accepted author manuscript, 281 KB, PDF document

Links

Text available via DOI:

View graph of relations

'Treatment no less favourable' and the future of National Treatment obligation in GATT article III:4 after EC - seal products

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>1/01/2016
<mark>Journal</mark>World Trade Review
Issue number1
Volume15
Number of pages25
Pages (from-to)139-163
Publication StatusPublished
Early online date1/06/15
<mark>Original language</mark>English

Abstract

The national treatment (NT) obligation embodied in Article III:4 of the GATT 1994 has been long marked by legal indeterminacy. Recently, the WTO Appellate Body has shed some fresh light on how the NT obligation should be interpreted in EC–Seal Products. The Appellate Body's report on EC–Seal Products and other recent developments in WTO case law have fundamentally reshaped our collective understanding of the NT obligation. The purpose of this article is to take stock of what we have known about the NT obligation in GATT Article III:4 after EC–Seal Products, as well as identifying some lingering uncertainties. This paper argues that the boundary of the NT obligation in GATT Article III:4 will be largely determined by how the Appellate Body deals with three big issues identified in this article in future disputes.

Bibliographic note

http://journals.cambridge.org/action/displayJournal?jid=WTR The final, definitive version of this article has been published in the Journal, World Trade Review, 15 (1), pp 139-163 2016, © 2016 Cambridge University Press.