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7 National Treatment

Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: The World Trade Organization: Law, Practice, and Policy (3rd Edition)

Mitsuo Matsushita, Thomas Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 September 2021

National treatment — Sources of international law

This chapter discusses the National Treatment (NT) obligation present in all World Trade Organization (WTO) agreements. It begins with a brief overview of important NT provisions in the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), in the GATS, and under the TRIPS Agreement. It then discusses the general NT obligation in GATT enshrined in its Article III. It covers the application of Article III to state-trading monopolies; the application of Article III national treatment obligations to sub-federal units of WTO members; the relationship between Article III and Article XI of the GATT; and exceptions to the National Treatment Principle.

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