Shrey Shukla, Faculty of Law, University of Delhi
ABSTRACT
Upsurge in economic globalization through international trade1has demanded a concrete set of principles or laws for its regulation to realize its just and fair potential for every participant whether developing, emerging, or developed.2 The paper focuses on one of the most important such principles of non-discrimination in WTO law, known as ‘Most Favored Nation Treatment Obligation’, which is provided by article 1 of GATT 1994, article 2 of GATS, and analyzing its effect in the real world with reference to dispute settlement mechanism of WTO. The question here arises, why this particular principle? One of the objectives two, of WTO is the elimination of discrimination in international trade.3 Thus non-discrimination principle becomes of grave importance, MFN treatment (here), to achieve the real fruits of economic globalization. The paper would majorly focus on analyzing whether the WTO’s MFN Treatment principle has effectively aided the developing nations or the least developed nations, or whether power politics has prevailed over the purpose itself.
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