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date: 23 October 2020

Abstract and Keywords

This article addresses a few selected key issues stemming out of the incomplete character of the general agreement on tariffs and trade (GATT) 1994, and which remain controversial. The article is structured in three parts, along the lines of Mavroidis' subdivision of GATT 1994 disciplines: disciplines on ‘trade instruments’, disciplines on ‘domestic instruments’, and disciplines on ‘state contingencies’. It focuses on the notion of nationality discrimination in the light of the developing dispute settlement jurisprudence and the type of legal test applied to screen the validity of the public policy justifications. The next section addresses some aspects of two disciplines on state contingencies that have broader implications for the multilateral trading system. This article advances that while the GATT 1994 has, so far, accomplished a lot in terms of establishing the key principles and approaches to the regulation of trade in goods, it has still further challenges to meet.

Keywords: general agreement on tariffs and trade, Mavroidis', nationality discrimination, jurisprudence, multilateral trading

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