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Part II Substantive Law, Ch.9 Responding To National Concerns

Gabrielle Marceau, Joel P Trachtman

From: The Oxford Handbook of International Trade Law

Edited By: Daniel Bethlehem, Donald McRae, Rodney Neufeld, Isabelle Van Damme

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 14 May 2021

International trade — Most-favoured-nation treatment (MFN) — National treatment — Non-discrimination
Free trade and regulatory autonomy are often at odds with one another. National measures of an importing State may impose costs on international trade, for example, by regulating goods in ways that vary from home market regulation. National measures may restrict market access of imported goods but may or may not be intended to act as protectionist measures favouring domestic industry to the detriment of imports. At the same time, domestic regulation may protect important values. The distinction between a protectionist measure—condemned for imposing discriminatory...
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