An Analysis Of MFN Reserves In The General Agreement On Tariffs And Trade

Based on the approach of elaborating theories of MFN in GATT and analyzingrelevant cases, this article expounds the history, definitions, significances, featuresand exceptions of the MFN principle in terms of law, hoping to deepen theunderstanding of its nature, content and application.The MFN in GATT has experienced the following three stages of development:MFN in early days, different development approaches in Europe and the Americasand the GATT multilateral period. The most authoritative definition of MFN isprescribed in Article1.1of GATT1994. The significance of MFN is related to allaspects of international trade. The four principal characteristics of MFN can be listedas follows: the unconditionality and multilateralism, the widespread and universalcharacteristic, stability and institutionalization, numerous exceptions and limitations.For the exceptions of MFN, this paper mainly focuses on the customs union andfree-trade area, exceptions for developing countries, general exceptions of Article20of GATT1994.The major part of this paper is the legal analysis of MFN in Article1.1ofGATT1994. Based on reports of the Panel and Appellate Body, this article mainlyelaborate the connotation of MFN in GATT in the following three aspects: theapplication scope of Article1.1of GATT1994, the legal standards of violating Article1.1and the interpretation of GATT Article1.1.