VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 5 No. II (2022)pp. 1878–1883

Application of Most Favoured Nation Principle in Dispute Settlement Framework of WTO

SS
Shana SharmaLL.M. Student at O.P. Jindal Global Law University, India
View PDF
1,425views804downloads
Published 30 April 2022 · pp. 1878–1883 · Vol. 5 No. II (2022)
Abstract

Most favoured Nation (MFN) Principle is one of the fundamental principles of WTO law. It basically gives the right to trading members not to be treated discriminately at the time of import or export for all “like products”. The Article highlights the use of the Most Favoured Nation Principle in the WTO disputes and how different member nations used this principle in different case laws to protect their interests.
Most favoured Nation Principle have different meaning and definitions in various WTO agreements which indeed define its scope in the WTO framework. There are several occasions in which the member countries have approached the panel and appellate body to enforce this principle and interpret them in an effective manner. The panel and appellate body however are not always been successful to implement these provisions because of the vague language it has in WTO Agreements. Therefore, the Article determines the use of the MFN principle in different case laws and its interpretations.
Further, the article highlights an exception for developing nations and finally, the Article concludes that the MFN principle is less prevalent in practice because of its vagueness yet several member countries often take MFN as their most important right in imports and exports.

Keywords
Most favoured Nation principleWTODispute Settlement

How to cite

Shana Sharma, Application of Most Favoured Nation Principle in Dispute Settlement Framework of WTO, 5 Int'l J. L. Mgmt. & Human. 1878 (2022).

Cite this article

Shana Sharma, Application of Most Favoured Nation Principle in Dispute Settlement Framework of WTO, 5 Int'l J. L. Mgmt. & Human. 1878 (2022).
Chat with us