Standard of ‘likeness’ in Art III:2, second sentence

Article III:2, second sentence provides: ‘no contracting party shall otherwise apply internal taxes or other internal charges to imported or domestic products in a manner contrary to the principles set forth in paragraph 1.’

As mentioned above, the reference to Article III:1 establishes the general principle which assumes that internal taxes and other internal charges should not be applied to imported or domestic products so as to afford protection to domestic production. Continue reading Standard of ‘likeness’ in Art III:2, second sentence

‘Like Product’ : the relationship between Article III:1 and Article III:2, first sentence

A literary interpretation of Article III:2  assumes that there are two separate obligations of national treatment and only the second sentence specifically refers to Art. III:1. The notion ‘as to afford protection’ included in Art III:1 has no substantive meaning in Art. III:2 first sentence and therefore the provision of Art III:2, first sentence has no explicit reference to the general principles against protectionism of Article III:1. Continue reading ‘Like Product’ : the relationship between Article III:1 and Article III:2, first sentence

‘Like Product’ Test under Article III:2

Article III:2 contains two different standards of National Treatment. Under the first sentence of III:2, imports must be taxed identically to ‘like’ domestic products. Under the second sentence of III:2 imported products must not be taxed dissimilarly from directly competitive or substitutable domestic products so as to afford protection to domestic production. Continue reading ‘Like Product’ Test under Article III:2

Likeness in the Article III of GATT

The notion of ‘like product’ appears in several different GATT provisions and as well in other WTO Agreements, such as the Agreement on Subsidies and Countervailing Measures and the Agreement on Technical Barriers to Trade. Nevertheless, there is no general and universal definition for the term, and the meaning of the ‘like’, as in ‘similar,’ is ambiguous. The Working Party, which in 1970 occupied with the question of similarity in the context of Border Tax Adjustments, was Continue reading Likeness in the Article III of GATT

Principle of National Treatment

The principle of national treatment stands alongside with most-favoured-nation treatment (MFN), one of the most significant pillars of the World Trade Organization. It is included in the Art III of GATT and prohibits any discrimination for foreign products, as compared to similar domestic goods. The aim of the commitment is therefore to grant the best possible treatment in relation to these products and to prevent any form of protectionism — measures that differentiate domestic and imported goods. Continue reading Principle of National Treatment

Recovery of the Polish Armed Forces

In the middle of the second decade of the 21-century Polish Army remains a mix of soviet, post-soviet and modern armed forces (for example having three different types of tanks). The professional army (after abolishing the conscription in 2009) is professional only on the paper- many polish units have skeleton staff (40-60% of the regular size), particularly in the neighbourhood of the Russian border. Another problem, which has to be solved, is that the eastern part of Poland is almost empty from forces. Continue reading Recovery of the Polish Armed Forces

Reforming the EU after Brexit

The EU currently has to confront new challenges that require greater effort. The Brexit is the biggest crisis in the recent European history of integration. The European Union has simply lost its face. We cannot anymore say that the EU is the greatest integration project in the humanity if there is a country which wants to leave this paradise. The big players in the world like China might treat the European Union less seriously. I am pointing at China because the United States never threatened the EU as an equal partner and the awareness of the importance of the EU has been very low in the US. Continue reading Reforming the EU after Brexit