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national treatment

English · International law

Meaning. A trade rule that imported goods must be treated no less favourably than like domestic goods once inside the market.

National treatment requires a state to give imported products, after they have entered its market and paid customs duties, treatment no less favourable than that given to like domestic products in internal taxes and regulations. It prevents disguised protection through internal measures, such as higher sales tax on imported cars.

It appears in Article III of GATT 1994 and, for services and intellectual property, in GATS (for scheduled sectors) and the TRIPS Agreement. It is distinct from most-favoured-nation treatment, which prevents discrimination among foreign countries.

Example

A higher excise duty on imported whisky than on local spirits violates national treatment under GATT Art. III.

In Indian law

  • Article III, General Agreement on Tariffs and Trade, 1994
  • Article 3, TRIPS Agreement

See also

most favoured nation · treaty

Read more in the study notes

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