Equality of Treatment and Trade Discrimination in International Law

ISBN-13: 9789401183758 / Angielski / Miękka / 1968 / 216 str.

Khurshid Hyder

Opis

Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states."

Spis treści

I: Equality of Treatment, Trade Discrimination and International Law.- I: Introduction.- General.- Rationale of Trade Discrimination.- II: Trade Discrimination and International Law.- Discrimination and the principle of equality of states.- Meaning and Scope.- Optional vs. Compulsory Standards of International Law.- Trade Discrimination, Equality of Treatment (Most-Favoured Nation Clause) and International Law.- Most-Favoured-Nation Standard as a Basis for a Study on Discrimination.- II: Most-Favoured-Nation Clause vs. Discrimination in Gatt.- III. Background to M. N. F. Clause in Gatt.- M. F. N. Clause and Equality of Treatment in the Inter-War Period.- (a) The Oslo Group.- (b) The East European States.- (c) The Ouchy Convention.- (d) The British Commonwealth and the System of Imperial Preferences.- Evolution of the Principle of Equality of Treatment between 1939–1945.- Post-war developments leading to Gatt.- IV: Equality of Treatment vs. Discrimination in Gatt: Article I(I).- Section I.- Equality of Treatment as the Basic Objective of Gatt1.- Most-Favoured-Nation Clause in Article I (I).- Actions considered illegal under Article I (I): Complaints.- Section II: Limitations on M. F. N. Clause in Article I (I) and Permissive Discrimination.- Limitations on the operation of m.f.n. clause between contracting parties and discrimination.- Japan’s Accession and Discrimination under Article XXXV.- Preferences in Force.- New preferences: waivers.- Regional Preferential Arrangements and Discrimination: The European Coal and Steel Community.- An estimate of the waiver granted to the European Coal and Steel Community.- The Saar Waiver and Discrimination.- Section III: Relations with non-members and discrimination.- V: Exceptions to M. F. N. Clause in Article I (I) and Discrimination.- Section I.- General Exceptions.- Security Exceptions.- Governmental Assistance to Economic Development and Discrimination.- Exceptions in favour of emergency action on imports of particular products.- Exceptions permitted by the joint action of the Contracting Parties: Waivers.- Exception granted to special arrangements between India and Pakistan.- Section II: Anti-dumping and countervailing duties.- Anti-dumping and countervailing duties in Gatt and discrimination.- VI: Exceptions in Favour of Frontier Traffic, Customs Unions, Free Trade Areas and Discrimination.- Section I: Frontier Traffic.- Section II: Customs Unions.- Customs Unions and the General Agreement.- Customs Union between the Union of South Africa and Southern Rhodesia.- The European Economic Community and the problem of discrimination.- Transitional Period.- Common Tariff.- Quantitative Restrictions.- Trade in Agricultural Commodities.- Association of Overseas Territories.- Section III: Free Trade Areas.- Free trade areas in Article XXIV.- Free Trade Area between Nicaragua and El Salvador.- The European Free Trade Association and Gatt.- Latin American Free Trade Area.- Conclusions.- VII: Equality of Ttreatment vs. Discrimination in Other Articles of GATT.- Schedules of Concessions Article II.- Internal Taxation and Regulations Article III.- Discrimination Permitted under Article III.- Cinematograph Films Article IV.- Freedom of Transit Article V.- Customs Administration Articles VII–X.- State Trading Article XVII.- Conclusions.- VIII: Quantitative Restrictions and Non-Discrimination.- Quantitative Restrictions and Gatt.- Exceptions.- Non-Discriminatory Application of Import Restrictions.- Exceptions to the rule of Non-discrimination.- Operation of Quantitative Restrictions in Practice and Discrimination.- Conclusions.- IX: Remedies and Organisational Structure.- Section I.- General.- Conciliation.- Retaliation.- Withdrawal.- Section II: Organization and Procedures.- Voting.- X: Conclusions.- Postcript.- Books.- Articles and Pamphlets.- Newspapers.- League of Nations Documents and Publications.- United Nations Publications.- Publications on United Nations Conference on Trade and Development.- Official Publications.- Other Official Documents.- Gatt Publications.