Fixing flaws in WTO appellate body jurisprudence: the case for uniform interpretation of 'likeness' under most favoured nations and national treatment obligations of GATT Online publication date: Wed, 20-Oct-2021
by Abiyot M. Dabela
International Journal of Public Law and Policy (IJPLAP), Vol. 7, No. 3, 2021
Abstract: Most favoured nations (MFN) and national treatment (NT) are cornerstones of multilateral trading system designed to ensure fair condition of trade, fair competition and liberalisation purpose of the General Agreement on Tariffs and Trade (GATT) by constraining discriminatory measures that disturbs a competitive relationship between or among 'like' products. Yet, the term like product is defined nowhere in GATT. This article compares and contrasts concept of 'like product' under MFN and NT obligations incorporated in Articles I: 1, III: 2:1, III: 2:2, and III: 4 of GATT as interpreted by panel/appellate body, and analyse the same in light of general rules of interpretation of treaty, purpose of specific provisions under question, and the overall objectives of GATT/WTO. In this paper, I argue that a uniform and broader definition encompassing 'DCS' product be accorded to all aspects of GATT likeness.
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