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Non-Discrimination Standards

62 posts

Cash for Clunkers and MFN

Over at Opinio Juris, Roger Alford notes that the "Cash for Clunkers" program has seemed to favor non-U.S. car-makers such as Toyota and Honda over the U.S. car-makers (with the caveat that some Toyota and Honda cars are made, in part at least,

U.S. Beverages Taxes

Taxes on beverages have a long and interesting history in GATT/WTO dispute settlement. I hope Congress keeps this in mind as they consider taxing soda and alcoholic beverages to help pay for health care reform. See here, here and here for details. The last article notes that the soda

NAFTA Non-Discrimination: The Corn Products Decision

Turning back to non-discrimination under NAFTA Chapter 11, which has become a recent obsession of mine, in addition to Grand River Enterprises, there is another NAFTA Chapter 11 case dealing with non-discrimination standards that is worth talking about: The Corn Products case (discussed on this blog by Luke

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

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

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

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 higher

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