FEATURES OF THE PRINCIPLE OF NON-DISCRIMINATION IN INTERNATIONAL TRADE AND ECONOMIC LAW
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The article is devoted to the research of the features of non-discrimination principle in international trade and economic law. This principle promotes international cooperation despite any differences in political, economic and social systems. States could not be put in worse conditions in relation to other states, with a difference in socio-economic system or level of development, etc. The principle of non-discrimination in trade and economic law contributes to the process of gradual convergence of economic, political and legal differences between different social systems. Considering that trade and economic relations are aimed at reducing and eliminating tariff and non-tariff barriers in international trade, creating more transparent and predictable terms of trade, simplifying trade procedures, counteracting unfair trade practices, the principle of non-discrimination is an integral principle of international trade. The principle of non-discrimination is a special principle of trade and economic law. Detailed attention in the article is given to the historical prerequisites for the development and implementation of the non-discrimination principle in international trade and economic law. The authors analize the features of this principle from the moment of its appearance to the time when it was enshrined in numerous international treaties and when it acquired a custom character. The article defines the modern international legal basis of the principle of non-discrimination. This principle has been classified into two components, namely the most favoured nation principle and the principle of national treatment. The article compares the general and distinctive characteristics of the most favoured nation principle and national treatment. These principles complement and reinforce each other to achieve a common goal, in particular ensuring non-discrimination in trade. However, unlike the most favoured nation principle, the principle of national treatment is applied only after the goods have passed customs control and entered the market of the corresponding state. The authors also analize the practice of the WTO Dispute Settlement Body in the context of violations of the principle of most favoured nation principle and the principle of national treatment.
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Atlantic Charter (1941). Retrieved January, 15, 2022, from: https://www.unsecretariat.net/sections/history-united-nations-charter/1941-atlantic-charter/index.html.
Australia – Measures Affecting Importation of Salmon (1995). Retrieved January, 15, 2022, from: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds18_e.htm.
Canada – Measures Relating to Exports of Wheat and Treatment of Imported Grain (2004). Retrieved January, 15, 2022, from: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds276_e.htm.
Case Concerning Rights of the Nations of the USA in Morocco (1952). Retrieved January, 15, 2022, from: https://www.icj-cij.org/public/files/case-related/11/011-19520827-JUD-01-00-EN.pdf.
Chubariev, V. (2009). International economic law: textbook. Kyiv: Jurinkom Inter. 368.
Cottier, T., Oesch, M. (2005). International Trade Regulation: Law and Policy in the WTO, the European Union and Switzerland: Cases, Materials and Comments, 346–576.
Cottier, T., Oesch, M. (2011). Direct and Indirect Discrimination in WTO Law and EU Law. Swiss national centre of competence in research, 16, 1–26.
Diebold, N., Nicolas, F. (2011). Standards of Non-Discrimination in International Economic Law. International and Comparative Law Quarterly, 60, 831–865.
Horn, H., Mavroidis, P. (2004). Still Hazy after all these years: the interpretation of national treatment in the GATT/WTO case-law on tax discrimination. EJIL, 1, 39–69.
Irwin, D. A. (1998). The Smoot-Hawley Tariff: A Quantitative Assessment. The Review of Economics and Statistics, 80, 326–334.
Italy – Discrimination Against Imported Agricultural Machinery (1958). Retrieved January, 15, 2022, from: https://www.wto.org/english/tratop_e/dispu_e/gatt_e/58agrmch.pdf.
Japan – Taxes on Alcoholic Beverages (1998). Retrieved January, 15, 2022, from: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds8_e.htm.
Kewenig, W. (1967). Exchange Control, the Principle of Nondiscrimination and International Trade. Buffalo law review, 16, 377–412.
Kharchuk, O. (2010). Principles of international economic law in the context of globalization of world economic relations. The dissertation on competition of a scientific degree of the candidate of legal sciences. 12.00 11. Kyiv, 209.
Kormych, B. (2012). Evolution of the most favoured nation regime in customs regulation. Scientific works of NU OYUA, 19–26.
Marrakesh Agreement Establishing the World Trade Organization, 1994 Retrieved January, 15, 2022, from: https://www.wto.org/english/docs_e/legal_e/04-wto_e.htm.
Mazaraki, N., Goncharova, Yu. (2020). Activities of the WTO disputes settlement body: overcoming disparities. Foreign trade: economics, finance, law, 1, 5–13.
Odio, A. (2020). The most favoured nation and non-discrimination provisions in international trade law and the OECD codes of liberalisation. OECD Working Papers on International Investment, 1, 1–31.
Osyka, C., Bakalinska, O., Piatnytskyi, B. (2019). The law of the World Trade Organization - the core of international trade and economic law. Navch. Posib. Kyiv: Kyiv National University of Trade and Economics, 596.
Poiedynok, V., Nazarova, V. (2011). Legal regimes of foreign trade. Bulletin of the Taras Shevchenko National University of Kyiv, 86, 63–67.
Report of the High Commissioner (2004). Analytical study of the High Commissioner for Human Rights on the fundamental principle of non-discrimination in the context of globalization. Retrieved January, 15, 2022, from: https://digitallibrary.un.org/record/514464#record-files-collapse-header.
Risvas, M. (2017). Non-Discrimination in International Law and Sovereign Equality of States: An Historical Perspective. Houston journal of International Law, 1, 80–110.
Shemshuchenko, S.O. (2012). The most favored nation regime in international investment treaties. State and law, 56, 532–538.
Shumilov, V. (2019). Most Favored Nation Clauses in the International Trade System. Russian Journal of Legal Studies, 1, 35–52.
Sych, K. (2012). The problem of discriminatory trade as a violation of the principle of mutual benefit. Retrieved January, 15, 2022 from: https://blogs.korrespondent.net/blog/users/3333869-problema-dyskryminatsiinoi-torhivli-yak-porushennia-pryntsypu-vzaiemnoi-vyhody.
Tsanko, Ya., Kozynets, Yu. (2015). The principle of the greatest assistance as one of the basic principles of regulation of international trade within the world trade organization. Scientific Bulletin of the International Humanities University, 13, 121–122.
U.S. – Gasoline (1996). Retrieved January, 15, 2022, from: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds2_e.htm.
Vedkal, V. (2018). International legal regulation of trade in goods at the universal and regional levels. Current issues of domestic jurisprudence, 2, 204–207.
Vodianikov, O. (2016). The principle of tax non-discrimination in WTO and EU law: a comparative analysis. The dissertation on competition of a scientific degree of the candidate of legal sciences. 12.00.11. Kyiv, 251.
Yurchenko, K. (2009). General principles of regulating international trade in the framework of the World Trade Organization and enhancing the overall economic development of developing countries. Entrepreneurship, economy and law, 10, 61–63.