The national treatment obligation prohibits discrimination between foreign goods, services and service suppliers and domestic goods, services and service suppliers. Under the national treatment obligation, WTO Member Agricola may not treat chocolate from Industria less favourably than it treats its domestic chocolate, once the chocolate from Industria has entered the Agricolan market. Neither may Agricola treat Industrian coffeehouses established in Agricola less favourably than Agricolan coffeehouses.
This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US-Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures
"WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO), and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO's legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system and incorporates the most relevant case laws from WTO's jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the Covered Agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time."
