The Principle of National Treatment in International Economic Law

Abstract

This second volume in the European IP Institutes Network Series provides an exhaustive overview on the principle of national treatment that is enshrined in a number of international treaties. The non-discrimination principle ensures that foreign nationals, goods, services or investments are not treated on a reciprocal basis, but equal to domestic nationals, goods, services or investments. The national treatment principle reduces the tailor-made reciprocal advantages that states could offer to one trading partner over another and limits favouring one’s own industry. The principle of national treatment has been expressed in different guises to be applicable in relation to the subject matter covered. A number of authoritative practitioners, academics and members of the judiciary offer their insights on the application of the principle of national treatment in international trade, investment, and intellectual property law. This unique interdisciplinary book offers surprising and novel views on commercial practices, trade law and policy. This book explores the application of a basic principle in international law, namely the principle of national treatment, across the entire spectrum of international economic law: trade, investment and intellectual property law, thus making the operation of this key principle in WTO law and dispute settlement involving goods, services, standards and intellectual property more transparent. The book also traces the application of the principle of national treatment in international investment law and intellectual property law.