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The Ancestry of ‘Equitable Treatment’ in Trade

Lessons from the League of Nations during the Inter-War Period

Mona Pinchis

multilateral trade law and international investment law. The concept of ‘equitable treatment’ was later encapsulated in the non-violation nullification and impairment ( NVNI ) procedural remedy in multilateral trade law. 17 Moreover, scholars have noted that the ‘fair and equitable treatment’ ( FET ) clause


strength to implement effective retaliation. Other Members are suggesting: "Well, if nullification and impairment are established as X, why not fix retaliation at two-times X or three-times X?" Again this could lead to a MAD result, it could lead to the mutually assured destruction of the trading system


, this provision is not as sweeping as this language would suggest, because other provisions contain important limitations. Disputes over the application of anti- dumping and countervailing-duty laws are excluded from Chapter 20 and instead fall under Chapter 19.1 U Further, nullification and impairment

J. Ife Ogbonna

impairment under Article XXIII:1(b) of the gatt 1994. The article allows a gatt Contracting Party to challenge a measure by another Contracting Party considered to nullify or impair ‘any benefit accruing to it directly or indirectly’. However, the nullification and impairment must be ‘as a result of

Dan Sarooshi

nullification and impairment: i.e., the main element for the negotiation of compensation can only be obtained in requesting the authorization to apply sanctions. The EC suggests that this element of the DSU should be changed by allowing the complainant party to obtain an independent decision from a WTO


Farid Ahmadov

argued that the very notion of nullification and impairment of the benefits of any of the contracting party supports the argument in favour of bilateralizable nature of the GATT obligations which distinguishes them from obligations in the field of human rights or environmental law. 170 The notion of


Petros C. Mavroidis

-optimal compensation has been judged acceptable. A direct outcome of the discussion on indirect benefits is the decision to compute only value added when calculating the level of nullification and impairment. In other words, assuming that a good costs 10€/unit, 4€ of the total value being that of imported goods. In


panel's sanctions ineffective against the US. The compliance panel's decision and proceeding have become irrelevant. Pursuant to the US withdrawal, the compensation issue should be addressed on the basis of the 'compensatory adjustment' rule, which is equivalent to a nullification and impairment of the

Ngangjoh H. YENKONG

determination (that is, to determine the level of nullification and impairment). II. THE CONCEPT OF REASOIVAI3LE Period OF TIME The Dsu essentially encourages Members to comply promptly with the recommendations and rulings of the DSB in order to ensure effective resolution of the dispute to the benefit of the

Alphanso Williams and William A. Kerr

treatment to gasoline imported from Brazil. Brazil claimed that the regulation caused harm to their interests as exports of gasoline to the United States declined sharply in the wake of the new standards, nullifying and impairing benefits due to Brazil under both GATT 1994 and the TBT. Specifically, Brazil