Domestic Instruments

Petros C. Mavroidis

in Trade in Goods

Published in print July 2008 | ISBN: 9780199552139
Published online January 2009 | e-ISBN: 9780191716591 | DOI:
 Domestic Instruments

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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

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