Abstract

http://ssrn.com/abstract=1632927
 
 

Footnotes (75)



 


 



Non-Discrimination and the Pillars of International Economic Law – Comparative Analysis and Building Coherency


Nicolas F. Diebold


Swiss Competition Commission, Secretariat

June 30, 2010

Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010
IILJ Emerging Scholars Paper No.18-2010

Abstract:     
This working paper was presented at the Second Biennial Global Conference of the Society of International Economic Law (SIEL) 2010 in Barcelona, available on SSRN and as IILJ Emerging Scholars Paper 18 (2010). The final version is published uner the title 'Standards of Non-Discrimination in International Econocmic Law' 60 International and Comparative Law Quarterly (2011), 831-865.

The principle of non-discrimination constitutes a corner-stone in different fields of international economic law, notably international trade in goods and services as well as intellectual property and investment protection. While its basic rationale appears to be straight forward, the application of the different elements which constitute a non-discrimination obligation has proven to be most complicated. Due to the high fragmentation in international economic law, adjudicating bodies are applying different interpretations and standards with regard to ‘less favourable treatment,’ ‘likeness,’ ‘regulatory purpose’, and ‘necessity’. This article shows the different theories for each of these elements on the examples of WTO law, NAFTA, investment protection and EU law and demonstrates how these theories affect the scope and liberalizing effect of the non-discrimination obligation. The article then attempts to develop a coherent factor-based application of non-discrimination rules suitable for all fields of international economic law. The article submits the theory that the elements of nondiscrimination should not be applied as strict legal conditions which must be proven by a complainant, but as a range of soft-factors which may be weighed and balanced by the adjudicating bodies.

Number of Pages in PDF File: 28

Keywords: Non-Discrimination, National Treatment, Like Products, Like Circumstances, Less Favourable Treatment, WTO, GATT, GATS, NAFTA, Bilateral Investment Treaties

JEL Classification: F13, F15, F21, K33

Accepted Paper Series





Download This Paper

Date posted: June 30, 2010 ; Last revised: October 30, 2011

Suggested Citation

Diebold, Nicolas F., Non-Discrimination and the Pillars of International Economic Law – Comparative Analysis and Building Coherency (June 30, 2010). Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010. Available at SSRN: http://ssrn.com/abstract=1632927

Contact Information

Nicolas F. Diebold (Contact Author)
Swiss Competition Commission, Secretariat ( email )
Monbijoustrasse 43
Bern, 3003
Switzerland
Feedback to SSRN


Paper statistics
Abstract Views: 2,208
Downloads: 473
Download Rank: 33,242
Footnotes:  75

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.359 seconds