Case 89 - United States - Denial of Most-Favored-Nation Treatment as to Non-Rubber Footwear from Brazil

2014 ◽  
pp. 1-3
Keyword(s):  
United States ◽  
Most Favored Nation

scholarly journals WTO Panel Rules Against U.S. Claim that Tariffs on Chinese Goods Are Justified as Necessary to Protect “Public Morals”

2021 ◽  
Vol 115 (1) ◽  
pp. 120-124
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Most Favored Nation ◽  
The U.S

On September 15, 2020, a World Trade Organization (WTO) panel ruled that certain tariffs the United States imposed on Chinese products violated Articles I (most-favored-nation) and II (tariff bindings) of the General Agreement on Tariffs and Trade (GATT). The panel rejected the U.S. attempt to invoke a “public morals” defense pursuant to GATT Article XX, holding that although countries receive substantial deference in defining “public morals,” the United States failed to prove that the tariffs were necessary to achieve its stated public morals objective.

The American Construction of the Most-Favored-Nation Clause

1913 ◽  
Vol 7 (4) ◽  
pp. 708-723
Author(s):  
Samuel B. Crandall
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
The State ◽  
Most Favored Nation ◽  
Most Favored Nation Clause

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.

American Treaty Provisions Relating to Consular Privileges and Immunities

1926 ◽  
Vol 20 (1) ◽  
pp. 81-102
Author(s):  
Irvin Stewart
Keyword(s):  
United States ◽  
The United States ◽  
Most Favored Nation ◽  
History Of ◽  
Entire History ◽  
Most Favored Nation Clause

Apparently no consistent effort has been made to secure a uniform schedule of consular privileges and immunities applicable to all of the states with which the United States has entered into treaty relations. In the entire history of the United States up to the present time there have been only sixteen consular conventions. Some 109 other treaties, however, have secured consular exemptions in varying degrees from many different nations; and the popular most-favored-nation clause has extended the schedule still further. One of the first treaties the United States entered into was a consular convention, that of 1788 with France, but the second consular convention did not come until over sixty years later. During the interval many provisions in commercial treaties had extended exemptions in various countries, so that by 1853 every one of the privileges which are in effect today had been inserted in at least one treaty, and some of them had been repeated many times.

German-American Commercial Relations

1925 ◽  
Vol 19 (4) ◽  
pp. 689-701
Author(s):  
Wallace McClure
Keyword(s):  
United States ◽  
Public Interest ◽  
The United States ◽  
Most Favored Nation ◽  
American Government ◽  
Commercial Policy ◽  
The Public ◽  
Careful Scrutiny ◽  
Important Development ◽  
Most Favored Nation Clause

In the Treaty of Friendship, Commerce and Consular Rights signed with Germany on December 8,1923, the United States inaugurated an important development of its commercial policy in conformity with the Tariff Act of 1922, Section 317 of which directs the President, if “the public interest will be served thereby,” to “specify and declare new or additional duties” upon goods imported from countries that discriminate against the commerce of the United States. Pursuant to this provision the American Government undertook the negotiation of agreements with other countries both to eliminate existing discriminations and to obtain assurances that existing equality of treatment would be maintained. Preparation for the new series of commercial arrangements included a careful scrutiny of the most-favored-nation clause as applied to customs duties.

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