National treatment in international trade: National law and international standards
The subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective,...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2014-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2014/0550-21791403139D.pdf |
| _version_ | 1819027314856427520 |
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| author | Divljak Drago |
| author_facet | Divljak Drago |
| author_sort | Divljak Drago |
| collection | DOAJ |
| description | The subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective, naturally, all in the context of the Serbian law. The analysis that has been carried out indicates that there is an obvious intention of our legislators to harmonise in principle our legislation with the WTO requirements and standards, which are incomplete themselves and cause disputes that are not resolved in the practice of dispute resolving either entirely or consistently. In our law, a step forward has been made in relation to the situation from the previous relevant legislation, because the application of this principle is extended not only to trade with goods but also to trade with services, and to industrial property rights. However, in the most significant, basic field, namely trade with goods, it is still being done in a general way, by simplifying the entire topic and bringing it down only to protection against discrimination and neglecting the sphere of protectionism. Such acting does not include all the complexity of this matter and it is not entirely harmonised with the WTO requirements. However, a good side of such an approach is that it gives the state more freedom for acting in this sphere, which may be acceptable in the transition period until full membership of Serbia in this organization. |
| first_indexed | 2024-12-21T05:40:31Z |
| format | Article |
| id | doaj.art-2c337cbe07344df59c2cb7f0af30a3e9 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-21T05:40:31Z |
| publishDate | 2014-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-2c337cbe07344df59c2cb7f0af30a3e92022-12-21T19:14:16ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552014-01-0148313915210.5937/zrpfns48-72910550-21791403139DNational treatment in international trade: National law and international standardsDivljak Drago0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective, naturally, all in the context of the Serbian law. The analysis that has been carried out indicates that there is an obvious intention of our legislators to harmonise in principle our legislation with the WTO requirements and standards, which are incomplete themselves and cause disputes that are not resolved in the practice of dispute resolving either entirely or consistently. In our law, a step forward has been made in relation to the situation from the previous relevant legislation, because the application of this principle is extended not only to trade with goods but also to trade with services, and to industrial property rights. However, in the most significant, basic field, namely trade with goods, it is still being done in a general way, by simplifying the entire topic and bringing it down only to protection against discrimination and neglecting the sphere of protectionism. Such acting does not include all the complexity of this matter and it is not entirely harmonised with the WTO requirements. However, a good side of such an approach is that it gives the state more freedom for acting in this sphere, which may be acceptable in the transition period until full membership of Serbia in this organization.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2014/0550-21791403139D.pdfnational treatmentnational lawGATTdiscriminationprotectionismproduct similarityprotection of national production |
| spellingShingle | Divljak Drago National treatment in international trade: National law and international standards Zbornik Radova: Pravni Fakultet u Novom Sadu national treatment national law GATT discrimination protectionism product similarity protection of national production |
| title | National treatment in international trade: National law and international standards |
| title_full | National treatment in international trade: National law and international standards |
| title_fullStr | National treatment in international trade: National law and international standards |
| title_full_unstemmed | National treatment in international trade: National law and international standards |
| title_short | National treatment in international trade: National law and international standards |
| title_sort | national treatment in international trade national law and international standards |
| topic | national treatment national law GATT discrimination protectionism product similarity protection of national production |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2014/0550-21791403139D.pdf |
| work_keys_str_mv | AT divljakdrago nationaltreatmentininternationaltradenationallawandinternationalstandards |