Vol. 3 No. 5 (2023), ARTICLES
Vol. 3 No. 5 (2023)

THE PRINCIPLE OF “NATIONAL TREATMENT” IN WTO AND THE PROBLEMS OF ITS IMPLEMENTATION IN THE LEGISLATION OF UZBEKISTAN

ARTICLES
Published 2023-06-11
Shakhnoza ALMOSOVA
Lecturer at Tashkent State University of Law // E-mail: alshakhnoza18@gmail.com
PDF (O'zbek)

Keywords

WTO, national treatment, national treatment in international law, the principle of non-discrimination, like product, harmonization of legislation.

Abstract

The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade. The principle of non-discrimination, which is considered the basic principle of this organization, includes the most favored nation treatment and national treatment. Through this article, the author describes the history of the national regime within the WTO, its use in the practice of states (especially in developing countries) and exceptions to this principle, as well as the associated regime in the legislation of the Republic of Uzbekistan, a country increasingly approaching WTO membership. Having studied the problems, the author makes his proposals for their legal regulation.

PDF (O'zbek)

References

To quote Patrick Juillard, at a lecture on “Measures relating to the entry and establishment of investments”, UNCTAD/WTO, Third Seminar on Investment, Trade and Economic Development, Evian-les-Bains, 21-22 April 1999.

JACKSON, John H. The World Trading System : Law and Policy of International Economic Relations. Cambridge (MA), The MIT Press, 1989, 432p.

Havana Charter for an International Trade Organization, Final Act and Related Documents, United Nations Conference on Trade and Employment, United Nations Document E/Conf. 2/78 (Nov. 21, 1947- Mar. 24, 1948).

Michael J. Trebilcock and Shiva K. Giri. THE NATIONAL TREATMENT PRINCIPLE IN INTERNATIONAL TRADE LAW., The Berkeley Electronic Press, Paper 8, 2004. https://core.ac.uk/download/pdf/7158748.pdf

Appellate Body Report, Japan - Taxes on Alcoholic Beverages, WT/DS8/AB/R, WT/DS10/AB/R, WT/DS11/AB/R, page 16 (1 November 1996) ["Japan - Alcoholic Beverages"].

Philippines — Distilled Spirits, pages. 221–222 (WT/DS396/AB/R, WT/DS403/AB/R)

The World Trade Organization (3rd Edition): Law, Practice, and Policy. Mitsuo Matsushita, Thomas Schoenbaum, Petros C. Mavroidis, Michael Hahn. Oxford International Law Library. 2015. DOI: 10.1093/law/9780199571857.001.0001

Korea—Alcoholic Beverages, para. 118 (WT/DS75/AB/R, WT/DS84/AB/R).

Van den Bossche, P., & Prévost, D. (2021). Essentials of WTO law (2nd ed.). Cambridge: Cambridge University Press. doi:10.1017/9781108878845