Chapter

Domestic Instruments

Petros C. Mavroidis

in Trade in Goods

Published in print July 2008 | ISBN: 9780199552139
Published online January 2009 | e-ISBN: 9780191716591 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552139.003.0003
 Domestic Instruments

Show Summary Details

Preview

This chapter focuses on domestic instruments. Besides national treatment, Agreement On Technical Barriers To Trade (TBT), and Agreement on the Application of Sanitary and Phyto-sanitary Measures (SPS), it reviews the application of non-discrimination to a transaction explicitly mentioned in the GATT: state trading enterprises (marketing boards). The chapter proceeds as follows. Section 1 discusses the rationale for national treatment. Section 2 focuses on its coverage. Section 3 explains why because of national treatment, the GATT should be viewed as a negative integration contract with respect to domestic instruments. Section 4 analyses the legal discipline (national treatment) and discusses the exceptions to national treatment. Section 5 deals with TBT and SPS, whereas section 6 deals with state trading enterprises.

Keywords: domestic subsidy; national treatment; GATT; Agreement On Technical Barriers To Trade; Agreement on the Application of Sanitary and Phyto-sanitary Measures; state trading enterprises

Chapter.  67411 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.