Abstract
In addition to the general principle of equality of treatment, in the form of unconditional most-favoured-nation clause, contained in Article r of the Agreement, equality is also prescribed with respect to certain other matters in various sections of the Agreement. In each case, where the contracting parties are enjoined to adhere to the principle of equality of treatment, the principle is qualified by some reservations permitting discrimination. This again points to the limitations of the principle of equality and the desirability of discrimination in certain cases.
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References
International Trade: 1952, p. 97. For the Report of the Working Party see G/25.
International Trade: 1955 (Geneva, 1956), p. 198.
Schwarzenberger, “The Province and Standards of International Economic Law,” op. cit., p. 412.
Hawkins, Commercial Treaties and Agreements: Principles and Practice, op. cit., p. 152.
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For the various steps taken to seek the removal of customs formalities see BISD., First Supplement, pp. 25–26; Second Supplement, pp. 59–61; Third Supplement, pp. 91–94; Fifth Supplement, pp. 33–34 and pp. 108–114.
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Viner, op. cit., p. 73. See also Wilcox, A Charter for World Trade, op. cit., pp. 95-97.
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Meeting of Jurists on Peaceful Co-operation, op. cit., p. 3 and Harold Berman, “The Legal Framework of Trade Between Planned and Market Economies: the Soviet-American Example,” op. cit., pp. 274–281.
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Official Report of the United States Delegation to the Meeting of the Preparatory Committee for the International Conference on Trade and Employment (mimeo, London: October 15, 1947), p. 27.
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Hydert(hasan), K. (1968). Equality of Treatment vs. Discrimination in Other Articles of Gatt. In: Equality of Treatment and Trade Discrimination in International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9062-6_7
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DOI: https://doi.org/10.1007/978-94-011-9062-6_7
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