New Developments in the Most-Favoured- Nation Clause with Particular Reference to Trade
New Developments in the Most-Favoured- Nation Clause with Particular Reference to Trade
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Date
2015-05-03
Authors
Abd Alla Bakhiet AbuAagla, Rahma
Journal Title
Journal ISSN
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Publisher
UOFK
Abstract
The reconstruction of the international trade relations after the
Second World War (1939-1945) has been accommodated by means of
multilateral trade negotiations. These negotiations insured the birth of
GATT in 1948. The most-favoured-nation clause (non-discrimination) is
the cornerstone of GATT, and it is well established in GATT subsequent
trade rounds of negotiations. In the Uruguay Round (the last trade round
1986-1994) the principle was incorporated in WTO trade agreements.
The most-favoured-nation clause has for decades been a common
feature of bilateral trade relations. Efforts have been undertaken in recent
years to translate the clause in a multilateral framework, as it represents a
suitable solution to the chaos in international trade relation after World
War II.
This thesis contains four chapters. The method adopted in it is a
historical, analytical and critical approach.
Chapter One deals with the most-favoured-nation clause before
WTO. It shows the long history of the clause in international trade
relations. Also it defines the notion of most-favoured-nation clause
achieving equality is the main function of the inclusion of the MFN in the
GATT. The chapter goes further and explains that there are many fields
for applying the clause but it has origin in trade agreements. The chapter
also deals with types of MFN clauses, and some experience of
implementation of the clause.
Chapter Two deals with the most-favoured-nation clause in WTO
agreements. It defines the WTO and its regime. The main MFN
provisions in WTO trade agreements are Article I of GATT which
governs trade in goods, Article II of GATS which governs trade in
services, and Article 4 of TRIPS which governs IPR.
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Chapter Three explains the exceptions to the MFN clause in WTO
agreement. They include exceptions allowed for development purpose,
protection of public order, and protection of national security.
Chapter Four deals with conclusions reached by this study and it
makes recommendations to be observed in the future WTO trade
negotiations.
Description
113page
Keywords
Most-Favoured,Nation Clause,Particular, Reference,Trade