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The Principle of National Treatment in International Economic Law

Trade, Investment and Intellectual Property Edited by Anselm Kamperman Sanders, Professor of Intellectual Property Law, Director of the Advanced Masters Intellectual Property Law and Knowledge Management (IPKM) and Academic Director of the Institute for Globalisation and International Regulation (IGIR), Maastricht University, the Netherlands
The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international trade law, international investment law, and intellectual property law. An invaluable conclusion draws together the common strands and highlights the variations in application between these fields.
Extent: 352 pp
Hardback Price: $147.00 Web: $132.30
Publication Date: 2014
ISBN: 978 1 78347 121 8
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  • Law - Academic
  • European Law
  • Intellectual Property Law
  • International Investment Law
  • International Economic Law, Trade Law
The principle of national treatment, or the non-discrimination clause, applies across many fields of international economic law. This book provides a unique horizontal examination of the principle as it applies within international trade law, international investment law and intellectual property law, whilst also offering challenging and perceptive views on commercial practices, trade law and policy.

Combining perspectives from practitioners, academics and members of the judiciary, the book is the first to cover the national treatment principle across the whole field of international economic law – including not only in the domain of WTO law, but also in treaty and contractual settings involving investment and in intellectual property law. It also provides practical insights regarding the application of the principle relevant to inter-state relations, state-investor relations and in the context of intellectual property protection.

With its comprehensive interdisciplinary coverage, this book will be of special interest to academics, students and practitioners interested in international economic law and trade, international investment law, and intellectual property law and policy.
Contributors: A.E. Appleton, R. Brauneis, L. Choukroune, D. Collins, T. Cottier, L. Ehring, J. Flett, C. Heath, A. Kamperman Sanders, D. Prévost, S.J. Schaafsma, L. Schneller
Contents:

Introduction to the series

Introduction
Anselm Kamperman Sanders

PART I INTERNATIONAL TRADE LAW
1. The Philosophy of Non-discrimination in International Trade Regulation
Thomas Cottier and Lena Schneller

2. National Treatment under GATT 1994: Jurisprudential Developments on De Facto Discrimination
Lothar Ehring

3. National Treatment under the General Agreement on Trade in Services
James Flett

4. National Treatment under the TBT Agreement
Arthur E. Appleton

5. National Treatment in the SPS Agreement: A Sui Generis Obligation
Denise Prévost

PART II INTERNATIONAL INVESTMENT LAW
6. National Treatment in Emerging Market Investment Treaties
David Collins

7. National Treatment in International Investment Law and Arbitration: A Relative Standard for Autonomous Public Regulation and Sovereign Development
Leila Choukroune

PART III INTELLECTUAL PROPERTY LAW
8. National Treatment under the Paris Convention
Christopher Heath

9. National Treatment in Copyright and Related Rights: How Much Work Does it Do?
Robert Brauneis

10. National Treatment under the TRIPS Agreement
Anselm Kamperman Sanders

11 The Hidden Conflict-of-law Rule in the Berne and Paris Principle of National Treatment
Sierd J. Schaafsma

Index