National treatment Imported products must be treated like domestic products. The rule: - prohibits discrimination de jure and de facto; - covers only internal.

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Presentation transcript:

National treatment Imported products must be treated like domestic products. The rule: - prohibits discrimination de jure and de facto; - covers only internal measures (not border measures).

Article III:2 GATT, first sentence Article III of the GATT 1994 concerns 3 cases: 1)internal taxes or other charges for like products: imported products must not be taxed in excess. Like products = case-by-case examination. Narrow interpretation. Several criteria. In excess = no de minimis rule. Actual burden. No trade-effects test.

Article III:2 GATT, second sentence 2) internal taxations for directly competitive or substitutable products: Members cannot tax imported products differently in order to afford protection to domestic production. Notion of directly competitive or substitutable products: relevant market. Latent demand. International classification. Similarly taxed = relevant excess of taxation Protectionist aim: application criteria and structure of taxation. Policy objectives?

Article III:4 GATT (I) 3) internal regulation for like products: imported products must not be treated less favourably. Broad notion of internal regulation affecting internal sale (procedural laws; requirements agreed by producers).

Article III:4 GATT (II) Like products = broader notion than in article III:2. Competitive relationship. Criteria: -Characteristics (EC – Asbestos: risks for human health); -End-use (multiple uses?); -Consumer perspective; -International classification.

Article III:4 GATT (III) Treatment no less favourable, even though it can be different. Treatment must affect the conditions of competition between domestic and imported products. Different treatment can be justified if the difference does not depend on the foreign origin of the products.

Article XVII GATS The principle of national treatment applies to measures by WTO Members affecting trade in services. Foreign services and foreign service suppliers must be treated no less favourably than domestic like services and service suppliers. Access to market commitments.