The Principle of Non-Discrimination in Article III of GATT and the GATT/WTO Jurisprudence of "Like Products"
The analysis of non-discrimination under Article III of GATT has shown weakness or flaws throughout more than fifty years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of non-discrimination in the national treatment clause, namely, likeness and protection, lagged behind economic reality. The critical legal analysis carried out in here reveals, to some extent, this while offering a clearer and sounder analysis to non-discrimination based more on market analysis and its economic indicators.
Advisor:Peter Van Den Bossche; André Sapir; Petros C. Mavroidis; Jean François Bellis; Lucette Defalque
School:Université libre de Bruxelles
Source Type:Master's Thesis
Keywords:likeness protection national treatment world trade organization
Date of Publication:03/14/2005