The Principle of Non-Discrimination in Article III of GATT and the GATT/WTO Jurisprudence of "Like Products"

by Melloni, Mattia

Abstract (Summary)
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.
Bibliographical Information:

Advisor:Peter Van Den Bossche; André Sapir; Petros C. Mavroidis; Jean François Bellis; Lucette Defalque

School:Université libre de Bruxelles

School Location:Belgium

Source Type:Master's Thesis

Keywords:likeness protection national treatment world trade organization


Date of Publication:03/14/2005

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