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

  • Shana Sharma
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  • Shana Sharma

    LL.M. Student at O.P. Jindal Global Law University, India

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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.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1878 - 1883

DOI: https://doij.org/10.10000/IJLMH.113011

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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