Why Is Non-Discrimination So Important and How Are the Policy and Normative Objectives That It Serves Reflected in the Application and Interpretation of Article III Gatt (National Treatment Provision)?

Abstract

The purpose of this paper is to illustrate in a few words how the national treatment principle has been interpreted and applied by the Appellate Body in certain landmark cases. This paper is divided in two chapters. The first chapter aims to delineate the significance of the non – discrimination principle. The second chapter is focused entirely on Article III of the GATT, the national treatment provision. Particularly, this chapter aims to familiarize the reader with the context of Article III: 1, 2, 4 through the interpretation these provisions have received from certain landmark reports of the Appellate Body (hereinafter: ‘AB’) of the WTO.