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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/Magazine › Journal article › peer-review

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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? / Du, Ming.
In: Chinese Journal of Global Governance , Vol. 1, No. 1, 22.07.2015, p. 67-95.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Du, M 2015, 'Taking stock: what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?', Chinese Journal of Global Governance , vol. 1, no. 1, pp. 67-95. https://doi.org/10.1163/23525207-00000005

APA

Du, M. (2015). Taking stock: what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System? Chinese Journal of Global Governance , 1(1), 67-95. https://doi.org/10.1163/23525207-00000005

Vancouver

Du M. Taking stock: what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System? Chinese Journal of Global Governance . 2015 Jul 22;1(1):67-95. doi: 10.1163/23525207-00000005

Author

Du, Ming. / Taking stock : what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?. In: Chinese Journal of Global Governance . 2015 ; Vol. 1, No. 1. pp. 67-95.

Bibtex

@article{ce461a8c1d394344ab355bc064d61cb0,
title = "Taking stock: what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?",
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. ",
keywords = "GATT 1994, National treatment, TBT Agreement, WTO",
author = "Ming Du",
year = "2015",
month = jul,
day = "22",
doi = "10.1163/23525207-00000005",
language = "English",
volume = "1",
pages = "67--95",
journal = "Chinese Journal of Global Governance ",
issn = "2352-5193",
publisher = "Brill Academic Publishers",
number = "1",

}

RIS

TY - JOUR

T1 - Taking stock

T2 - what do we know, and do not know, about the national treatment obligation in the GATT/WTO Legal System?

AU - Du, Ming

PY - 2015/7/22

Y1 - 2015/7/22

N2 - 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.

AB - 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.

KW - GATT 1994

KW - National treatment

KW - TBT Agreement

KW - WTO

U2 - 10.1163/23525207-00000005

DO - 10.1163/23525207-00000005

M3 - Journal article

VL - 1

SP - 67

EP - 95

JO - Chinese Journal of Global Governance

JF - Chinese Journal of Global Governance

SN - 2352-5193

IS - 1

ER -