To what extent can the jurisprudence of WTO panels and the WTO Appellate Body be considered relevant in deciding on the scope of the national treatment (“NT”) and mostfavoured-nation (“MFN”) treatment obligations in claims under international investment a
Order Description
Essay topic:To what extent can the jurisprudence of WTO panels and the WTO Appellate Body be
considered relevant in deciding on the scope of the national treatment (“NT”) and mostfavoured-nation
(“MFN”) treatment obligations in claims under international investment
agreements? Critically discuss, by reference to arbitral decisions and awards.
Two things before write this essay : 1st, read the article I uploaded
2nd, find the relevant cases from WTO Analytical Index on WTO website , the WTO Analytical Index is the guide to WTO Law and Practice is a sort of retrieval system which is established upon the WTO agreements, dispute settlement panels and Appellate Body reports, etc. The current version of the WTO Analytical Index is the 3rd edition updated to 30th September 2011. All users are able to see all the work done by corresponding bodies by using the WTO Analytical Index.
Be aware that the instructor strictly required to refer(the cases) the arbitral decisions and the awards. Thus, you really have to look for corresponding cases in WTO analytical index. For example, see if you can find the case of Japan- Alcoholic Beverages, this case is concluded that Japanese govt to afford protection to demostic goods, imposed internal taxes to Vodka which in excess of the domestic products because Japan alcohol and Vodka are like products thus violate the Article III, first sentence of the GATT 1994.
