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The national treatment obligation

In: The Law and Economics of International Trade Agreements

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Abstract

This chapter considers the non-discrimination principle known as “national treatment,” which prohibits discrimination between imported and domestic goods. It lays out the scope of the obligation with respect to domestic taxation, regulation, and local content requirements. The concepts of “like products” and “directly competitive products” are set forth with their associated jurisprudence. The government procurement exception to the national procurement obligation is examined along with discussion of the plurilateral Government Procurement Agreement. Finally, the chapter addresses the principles governing the permissible use of “border tax adjustments,” which are important of late in relation to national carbon tax schemes.

Suggested Citation

  • ., 2023. "The national treatment obligation," Chapters, in: The Law and Economics of International Trade Agreements, chapter 8, pages 193-218, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21398_8
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    Cited by:

    1. Buehler, Ralph & Pucher, John & Wittwer, Rico & Gerike, Regine, 2024. "Trends and determinants of the mobility of older adults in the USA and Germany, 2001–2017," Transportation Research Part A: Policy and Practice, Elsevier, vol. 183(C).
    2. Gordon, Joel A. & Balta-Ozkan, Nazmiye & Nabavi, Seyed Ali, 2023. "Price promises, trust deficits and energy justice: Public perceptions of hydrogen homes," Renewable and Sustainable Energy Reviews, Elsevier, vol. 188(C).
    3. Lindley, Ben & Roulstone, Tony & Locatelli, Giorgio & Rooney, Matt, 2023. "Can fusion energy be cost-competitive and commercially viable? An analysis of magnetically confined reactors," Energy Policy, Elsevier, vol. 177(C).
    4. Mühlichen, Michael & Lerch, Mathias & Sauerberg, Markus & Grigoriev, Pavel, 2023. "Different health systems – Different mortality outcomes? Regional disparities in avoidable mortality across German-speaking Europe, 1992–2019," Social Science & Medicine, Elsevier, vol. 329(C).
    5. Joanna Niedźwiedzińska, 2024. "Strategia celu inflacyjnego a problem wysokiej inflacji – czy uwarunkowania instytucjonalne mają znaczenie?," Bank i Kredyt, Narodowy Bank Polski, vol. 55(4), pages 425-458.
    6. McNamara, Ian & Flörke, Martina & Uschan, Thorben & Baez-Villanueva, Oscar M. & Herrmann, Frank, 2024. "Estimates of irrigation requirements throughout Germany under varying climatic conditions," Agricultural Water Management, Elsevier, vol. 291(C).
    7. Ionuț NICA & Maria-Luiza CIOCAN, 2023. "Mapping circular pathways: a bibliometric exploration and Multilinear Regression Model of Romania's circular economy," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania / Editura Economica, vol. 0(4(637), W), pages 17-34, Winter.
    8. Hamed, A.S.A. & Yusof, N.I.F.M. & Yahya, M.S. & Cardozo, E. & Munajat, N.F., 2023. "Concentrated solar pyrolysis for oil palm biomass: An exploratory review within the Malaysian context," Renewable and Sustainable Energy Reviews, Elsevier, vol. 188(C).

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