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Non-Discrimination Standards

59 posts

A Trade in Services Dormant Commerce Clause Case

Someone is challenging Wisconsin's diploma privilege as a violation of the dormant commerce clause: Wisconsin’s diploma privilege for graduates of the law schools at Marquette University and the University of Wisconsin may be in danger, at least if the Seventh Circuit reviews the merits of the privilege.

The Latest from the Grand River Case

I've been blogging a bit about NAFTA Chapter 11 non-discrimination standards (see here and here) by following the parties' submissions in the Grand River Enterprises case. The claimants' reply memorial is now available here. There's not too much for me to discuss in this

More on NAFTA Chapter 11 Non-Discrimination

I did a recent post discussing NAFTA Chapter 11 non-discrimination standards, in the context of the Grand River Enterprises case. In response, I got a number of helpful comments, which made clear to me that there was a lot I did not know about NAFTA Chapter 11 non-discrimination standards. Rather

Non-Discrimination under NAFTA Chapter 11

From the claimants' submission in the Grand River Enterprises NAFTA Chapter 11 case: There is simply no room in the language of [the NAFTA Chapter 11 National Treatment and MFN] provisions for reading-in the requirement for an investor to either prove that the measures according less favorable treatment were

Discrimination Against Domestic Producers

In a comment posted here, Susan Aaronson says: Does the WTO require that member states not discriminate among foreign and domestic producers in instances where foreign producers could be treated better than domestic producers? While the WTO requires that member states provide national treatment to foreign producers, it raises the

Taxing Big Engine Cars

I'm sure many of you remember the U.S. - Auto Taxes GATT dispute. There were several U.S. measures at issue, one of which was a "gas guzzler" tax. Car manufacturers were required to pay taxes on their automobiles based on the fuel efficiency, with

Justice Kennedy for the Appellate Body?

If we can't stop internal domestic discrimination, how are we ever going to stop it in the international arena? The recent U.S. Supreme Court decision in Davis v. Kentucky Department of Revenue dealt with the issue of explict tax discrimination against out-of-staters. As explained on ScotusWiki: At

Possible New Investment Treaty Rules for Non-Discrimination

From a Norwegian draft model BIT (MS Word document) that reader Perry Bechky pointed me to: Article 3: NATIONAL TREATMENT 1. Each Party shall accord to investors of the other Party and to their investments, treatment no less favourable than the treatment it accords in like circumstances[FN2] to its

Non-Discrimination: How Others Do It

The proper standard for non-discrimination has long been a vexing question in GATT/WTO law. Is there anything to be learned from seeing how others do it? Yesterday the U.S. Supreme Court decided a "dormant" commerce clause case, where non-discrimination is part of the legal standard (at