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Non-Discrimination Standards

64 posts

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

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