National Treatment Principle

by

International Legal Research

Information about National Treatment Principle in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

Contents

National Treatment Principle

Summary of National Treatment Principle

A view of international economic transactions that asserts that a nation should accord the same treatment to foreign merchandise, investments, shipping, and entrepreneurs as it does to domestic counterparts under like commercial conditions. Apart from international practice on the part of the European Economic Community and the Central American Common Market, this approach has not been widely adopted. (Main Author: William J. Miller)

National Treatment Issues under the NAFTA Chapter 11

Note: there are more information about the application of the NAFTA Chapter 11 here, and about the National Treatment elements under the NAFTA Chapter 11 here.

Essential Disciplines

By Jon R. Johnson Goodmans LLP (December 2, 2001):

The meaning of Article 1102 is not clear. The problem with applying Article 1102 is compounded by the completely ad hoc approach that has developed in NAFTA Chapter Eleven jurisprudence, with each Tribunal believing itself free to adopt whatever view it sees fit of the Chapter Eleven provision at issue.

The concept of “in like circumstances” is much more difficult to apply than the concept of “like products” in Article III:4 of GATT 1994. The concept of “like service suppliers” in the GATS could be much more problematic. To the extent that the GATS applies to the delivery of services through a commercial presence, the GATS is, in effect, an investment treaty.

It is not a simple matter of looking at consumer preferences, tariff classifications, substitutability and the like. The Pope & Talbot concept of linkage to rational government policy and an absence of discriminatory motivation makes a great deal of sense in addressing the issue of “like circumstances”. However, a NAFTA Chapter Eleven tribunal could easily adopt the view of the Appellate Body that motivation should be disregarded. The decision of the panel in Malt Beverages on laws according more strenuous (and hence less favourable) treatment to strong beer rather than weak beer made perfect sense, because there was no discriminatory intent. How would the Appellate Body approach this situation today? The finding of unlike products was relatively easy in Asbestos because extreme endangerment to health probably does affect consumer tastes and therefore creates an “unlike product”. But on what basis is 3.3% beer a product that is unlike beer that is 3.0% when the cut-off is 3.1%?.

As indicated above, while from the relevant GATT/WTO jurisprudence it is clear that de facto as well as de jure breaches of non-discrimination obligations based on national treatment can occur, the case law has approached de facto breach on a case-by-case basis. In any event, such principles as have developed in the GATT/WTO case law on de facto breach apply to goods and services and probably have limited relevance to consideration of differences in treatment of investments.

It is clear that the NAFTA Parties never intended that Article 1102 establish a best-in-jurisdiction treatment standard. However, the Pope & Talbot Tribunal found that Articles 1102(1) and (2) impose just such a standard. If the Tribunal had not gone on to link the concept of discriminatory motivation to “like circumstances” but rather, had accepted the narrow view of “like circumstances” advanced by the investor (and which would have been supported by the Panel decision in Trucking Services had such decision been available at the time the case was argued) the result would have been intolerable.

The NAFTA Parties should address these issues before a Tribunal in some future Chapter Eleven case renders a decision that none of the NAFTA Parties can live with.

Related Entries of the International Encyclopedia:

  1. National Treatment History of Commercial Treaties National Treatment The attainment of national treatment through treaty was strengthened in the 13th century. Venice, an Italian city-state that traded chiefly with Central and East Asia, exacted by treaty from the sultan of _alab (Aleppo) the right to have its [...]...
  2. National Treatment Standard National Treatment (standard) Embracing mainstream international law, this section on national treatment (standard) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national treatment (standard)" in the Parry and [...]...
  3. National Treatment in Investment Law This section provides an overview of national treatment in investment law within the legal context of Non-Discrimination on Foreign Direct Investment in international economic law (Principles). Resources Further Reading Andrea K Bjorklund, "National Treatment in Investment Law," [...]...
  4. International Economic Law Legal Issues International economic law is more likely to fall under the rubric of public international law, as it deals with international economic relationships between states. See, for example, Petersmann, 'International Economic Theory and International Economic Law: On the Tasks of a [...]...
  5. Elements of the NAFTA National Treatment Obligation Contents Elements of the NAFTA National Treatment Obligation By Jon R. Johnson Goodmans LLP (December 2, 2001) NAFTA Article 1102(1) ... Read more...
  6. Application of the NAFTA National Treatment Obligation Contents Application of the NAFTA National Treatment Obligation Issues and Problems in the Application of the NAFTA National Treatment Obligation: ... Read more...
  7. Pacta Sunt Servanda Summary of Pacta Sunt Servanda A principle of international law that treaties and other international engagements are binding upon the nations that accede to them, and obligations accepted under such engagements must be performed, or reparations made in the event of a breach.(Main [...]...
  8. Narrow Seas Summary of Narrow Seas Open seas between two coasts not widely separated, e.g., the English Channel, Persian Gulf.(Main Author: William J. Miller) Embracing mainstream international law, this section on narrow seas explores the context, history and effect of the area of the law [...]...
  9. Naturalists Embracing mainstream international law, this section on naturalists explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "naturalists" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the [...]...
  10. Developed Countries Summary of Developed Countries A generalized grouping of the industrialized nations. Customarily, the term is applied to those nations that are members of the organization for economic cooperation And Development (read this and related legal terms for further details) plus the [...]...
  11. African Economic Community Embracing mainstream international law, this section on African economic community explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "African economic community" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  12. Nauru Certain Phosphate Lands in Nauru Embracing mainstream international law, this section on certain phosphate lands in nauru explores the context, history and effect of the area of the law covered here. Agreements With Nauru and Tuvalu In relation to the international law practice and Agreements [...]...
  13. International Trade Organization International Trade Organization (ITO) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of International Trade Organization (ITO): (Not to be confused with Multilateral Trade "Organization, Sec. I). An [...]...
  14. Multilateral Investment Guarantee Agency Multilateral Investment Guarantee Agency in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of Multilateral Investment Guarantee Agency: An independent agency of the World Bank group established in 1988 to [...]...
  15. Coastal Trade Embracing mainstream international law, this section on coastal trade explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "coastal trade" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, [...]...
  16. First World Summary of First World A general reference to the industrialized nations of the West, primarily the members of the Organization For Economic Cooperation And Development (read this and related legal terms for further details), but often including other prosperous nations as well. See Second [...]...
  17. Non-Governmental Organizations Non-Governmental Organizations Definition of Nongovernmental Organizations A non-governmental organization (NGO) is an organization that is neither a part of a government nor a conventional for-profit business. Usually set up by ordinary citizens, NGOs may be funded by governments, [...]...
  18. Innocent Passage Summary of Innocent Passage The right of a ship of one state to transit the territorial sea of another state, so long as the voyage does not disturb the peace or well-being of the coastal state. This right is subject to limitations, such as the right of the coastal state to prescribe [...]...
  19. Notification Notification and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Notification: In the context of GATT, refers to the procedure of informing the GATT Secretariat of a change in a [...]...
  20. Maritime Zones Law of the Sea and Related Boundary Issues In relation to the international law practice and law of the sea and related boundary issues in this world legal Encyclopedia, please see the following section: Territorial Regimes and Related Issues About this subject:PiracyNote: there is [...]...
  21. Narcotic Drugs Embracing mainstream international law, this section on narcotic drugs explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "narcotic drugs" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, [...]...
  22. Nationality Decrees Case Nationality Decrees (of Tunis and Morocco) Case Embracing mainstream international law, this section on nationality decrees (of tunis and morocco) case explores the context, history and effect of the area of the law covered here. Tunis and Morocco Nationality Decrees Case Embracing mainstream [...]...
  23. Nationality of Aircraft Embracing mainstream international law, this section on nationality of aircraft explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "aircraft, nationality" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  24. Native Communities Embracing mainstream international law, this section on native communities explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "native communities" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  25. NMT Embracing mainstream international law, this section on nmt explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "nmt" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic [...]...
  26. NPT Embracing mainstream international law, this section on npt explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "npt" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic [...]...
  27. Nationality of Women Embracing mainstream international law, this section on nationality of women explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "women, nationality of" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  28. Economic Interests Embracing mainstream international law, this section on economic interests explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "economic interests" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  29. Organization For European Economic Cooperation Organization For European Economic Cooperation Summary of Organization For European Economic Cooperation A post-World War II organization established to coordinate the reconstruction of Europe. The OEEC arose in response to an Anglo-French declaration in 1947 calling for European [...]...
  30. Mutual Legal Assistance Extradition and Mutual Legal Assistance In relation to the international law practice and extradition and mutual legal assistance in this world legal Encyclopedia, please see the following section: International Criminal Law About this subject:Extradition of Tunisian National Accused in [...]...
  31. Nationality of Ships Embracing mainstream international law, this section on nationality of ships explores the context, history and effect of the area of the law covered here. Embracing mainstream international law, this section on nationality of ships explores the context, history and effect of the area of the [...]...
  32. North American Free Trade Area Embracing mainstream international law, this section on north american free trade area explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "north american free trade area" in the Parry and Grant Encyclopaedic Dictionary [...]...
  33. Economic Rights and Duties of States Embracing mainstream international law, this section on economic rights and duties of states explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "states, economic rights and duties of" in the Parry and Grant Encyclopaedic [...]...
  34. Nieo Concept of Nieo An introductory definition of Nieo is provided here: United Nations Resolution of May 1974 for a New International Economic Order to address concerns of LDC's NIEO Embracing mainstream international law, this section on nieo explores the context, history and effect of the [...]...
  35. White Slave Trade Embracing mainstream international law, this section on white slave trade explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "white slave trade" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  36. European Payments Union Summary of European Payments Union An intra-European mechanism for the periodic settlement of trade balances. The EPU was established July 1, 1950, among the members of the Organization for European Economic Cooperation (read this and related legal terms for further details) (OEEC) to [...]...
  37. Nicaragua The Legal History of Nicaragua This section provides an overview of Nicaragua Military and Paramilitary Activities in and Against Nicaragua (merits) Embracing mainstream international law, this section on military and paramilitary activities in and against nicaragua (merits) explores the [...]...
  38. Nationality of Company Nationality of Company/corporation Embracing mainstream international law, this section on nationality of company/corporation explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "nationality of company/corporation" in the [...]...
  39. Nationalization Embracing mainstream international law, this section on nationalization explores the context, history and effect of the area of the law covered here. Resources See Also Enterprise Joint Enterprise Joint Venture Resources See Also Denationalization Resources Further Reading The entry [...]...
  40. Proportionality Embracing mainstream international law, this section on proportionality explores the context, history and effect of the area of the law covered here. Meaning of Proportionality Here is a very short concept of proportionality in the European Union framework: Proportionality is the principle, [...]...
  41. Danzig Territory Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory Opinion Embracing mainstream international law, this section on treatment of polish nationals and other persons of polish origin or speech in the danzig territory opinion explores the context, [...]...
  42. Enterprise Enterprise for the Americas Initiative and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Enterprise for the Americas Initiative: A program launched in 1990 as a vehicle for defining a [...]...
  43. Namibia Advisory Opinion Embracing mainstream international law, this section on namibia advisory opinion explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "namibia advisory opinion" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  44. Neo-naturalism Embracing mainstream international law, this section on neo-naturalism explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "neo-naturalism" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, [...]...
  45. Non-intervention Embracing mainstream international law, this section on non-intervention explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "non-intervention" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  46. National Exports Exports consisting of goods domestically produced or goods produced within customs-bonded facilities.......
  47. National Line Synonymous with national FLAG CARRIER (read this and related legal terms for further details).......
  48. National Airspace Description of National Airspace In this reference work, national airspace is a sort of the International Law category. Resources See Also International Law...
  49. National Flag Carrier A common car RIER (read this and related legal terms for further details)-usually a steamship line or an airline- that bears its country's flag and is viewed in the trading community as representing the commercial in......
  50. Nationality Principle Nationality Principle (of Jurisdiction) Embracing mainstream international law, this section on nationality principle (of jurisdiction) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "nationality principle (of [...]...
  51. Largest Hatch Principle In charter parties covering movement of dry cargoes it is not uncommon to fix laytime in terms of a quantity of cargo to be loaded (or discharged) "per workable hatch per day." Recognizing that any given vessel is apt to have hatches of varying sizes, and that the size of the hatch affect......
  52. Net National Product Summary of Net National Product The sum total, expressed in monetary terms, of all goods and services produced in a country during a given period (usually one year), less the value of capital consumed (depreciation).(Main Author: William J. Miller) Resources See Also Gross [...]...
  53. National Anthems Introduction to National AnthemsNational Anthems, official national songs honoring the spirit of the native land. Some anthems specifically celebrate a historical personage or event; others exalt the beauty of the country. A number of anthems are simply melodies without words, often no more......
  54. National Socialism Introduction to National SocialismNational Socialism, commonly called Nazism, German political movement initiated in 1920 with the organization of the National Socialist German Workers' Party (Nationalsozialistische Deutsche Arbeiterpartei, or NSDAP), also called the Nazi Party. The mov......
  55. National Symbols Introduction to National SymbolsNational Symbols, artistic, natural, or human representations of a nation's identity." (1)ResourcesNotes and ReferencesInformation about ...
  56. National Constitutions National Constitutions......
  57. National Socialist Law The Legal History of National Socialist LawThis section provides an overview of National Socialist Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading National Socialist Law in the Oxford International Encyclopedia of Legal History (Oxford [...]...
  58. National Champions National Champions and International Trade Economy In relation to international trade economy, Christopher Mark (1993) provided the following definition of National Champions: Firms that are the focus of government efforts to consolidate a national industry through industrial targeting. Such [...]...
  59. National Accounts National Accounts (in the Human Development Area) In this context, National Accounts means: is a system table in the form of accounts, which characterize the process of production, distribution and end use of the gross domestic product (GDP), as a rule, for the year. System of National [...]...
  60. National Security The National Security Provision—GATT Article XXI and the World Trade Organization The National Security Provision—GATT Article XXI in relation to the World Trade Organization (WTO) covers several issues. This section provides an overview of national security within the legal context [...]...
  61. National Defense U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts in 2013 United States views on international law [1] in relation to U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts: On January 2, 2013, President Obama signed into law the [...]...
  62. National Law of the Sea Vietnam's National Law of the Sea in 2013 United States views on international law [1] in relation to Vietnam's National Law of the Sea: On June 21, 2012, the Socialist Republic of Vietnam adopted the Law of the Sea of Vietnam, which took effect in January 2013. The United States [...]...
  63. National Income Related Fields Related topics include: National Income Find this subject in this World legal encyclopedia. National Accounts Find this subject in this World legal encyclopedia. Expenditure Find this subject in this World legal encyclopedia. Gross National Income Find this subject in this World [...]...
  64. National Embracing mainstream international law, this section on national explores the context, history and effect of the area of the law covered here. Resources See Also Federal Resources Further Reading The entry "national" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  65. National Courts National Court (or Tribunal) Embracing mainstream international law, this section on national court (or tribunal) explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national court (or tribunal)" in the Parry and Grant [...]...
  66. National Waters Embracing mainstream international law, this section on national waters explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "national waters" in the Parry and Grant Encyclopaedic Dictionary of International Law [...]...
  67. National River Embracing mainstream international law, this section on national river explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "river, national" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, [...]...
  68. National Park Resources See Also Further Reading Information related to national park in the Max Planck Encyclopedia of International Law(MPEPIL), Germany, United Kingdom...
  69. National Representations National representations and the European Union Resources See Also Permanent representatives...
  70. National Domain Resources See Also Domain...
  71. National Bibliography Resources See Also Document Information Science Research Investigation Legal Research Study...
  72. National Plan Resources See Also International Economic Law Economy Foreign Direct Investment Economic Law...
  73. National Level Resources See Also Government Government Contract Local Government Public Administration Administrative Law Public Law...
  74. National Accounting Resources See Also National Income National Accounts Expenditure Gross National Income Net National Income...
  75. National Budget Resources See Also National Income National Accounts Expenditure Gross National Income Net National Income...
  76. National Reporter System Contents The National Reporter System, by West the West’s National Reporter System is a group of regional Court Reports or ... Read more...
  77. National Cargo Bureau A nonprofit, membership corporation concerned with the safe loading, stowage, transport, and unloading of cargoes aboard vessels. The NCB provides on-site inspection services to ensure that cargoes are stowed correctly and that incompatible materials are not stowed together. In the case of shipments......
  78. Special And Differential Treatment The concept that developing nations require special consideration in bilateral and multilateral trade negotiations, and that concessions should be granted to the developing nations without reciprocity. Although this concept has been advanced in various individual multilateral trade agreements, the T......
  79. National Health Insurance Introduction to National Health InsuranceNational Health Insurance, government-operated system of insurance that provides financial benefits and medical services to persons disabled by sickness or accident. National health insurance systems are found in many countries, particularly in Europ......
  80. National Socialism Origins National Socialism Origins and Rise of NazismIntroduction to National Socialism OriginsNational Socialism was similar in many respects to Italian fascism (see Fascism). The roots of National Socialism, however, were peculiarly German, grounded, for example, in the Prussian traditio......
  81. National Socialist Party National Socialism The National Socialist PartyIntroduction to National Socialist PartyThe National Socialist Party originated in the German Workers' Party, formed in Munich in 1919. At the time that Hitler joined it in 1919, the German Workers' Party had a nominal membersh......
  82. National Foreign Trade Council National Foreign Trade Council in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Foreign Trade Council: An organization of US companies engaged in international trade and investment, based in [...]...
  83. National Association of Manufacturers National Association of Manufacturers (NAM) in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Association of Manufacturers (NAM): An organization representing US industry views on national and [...]...
  84. National Planning Association National Planning Association in relation with International Trade In the context of trade organizations, Christopher Mark (1993) provided the following definition of National Planning Association: A private, nonprofit organization specializing in research and economic policy formulation [...]...
  85. National Export Initiative In the United States For information about National Export Initiative in the context of international trade, click here...
  86. Treatment No Less Favorable Provisions Contents Treatment No Less Favorable Provisions Issues respecting “no less favourable treatment” in the National Treatment Obligation under NAFTA By ... Read more...
  87. National Action Plans Implementation of the National Action Plan on Women, Peace, and Security in 2013 United States views on international law [1] in relation to Implementation of the National Action Plan on Women, Peace, and Security: On September 23, 2013, Secretary Kerry announced a new initiative to [...]...
  88. National Defense Authorization Legislation U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts in 2013 (Continuation) United States views on international law [1] in relation to U.S. Presidential Statements on 2013 and 2014 National Defense Authorization Acts: In contrast, sections 1033 and 1034 [...]...
  89. National Security Threat Literature Review on Climate Change: National Security Threat In the Encyclopedia of Public Administration and Public Policy, [1] Ashok Swain offers the following summary about the topic of Climate Change: National Security Threat: Global climatic change is an environmental problem of [...]...
  90. National Liberation Army National Liberation Army in 2016 aka ELN; Ejercito de Liberacion Nacional Activities In 2016, the ELN continued to target Colombia's infrastructure, particularly oil pipelines. The ELN also launched mortars at police stations and the military, placed explosive devices near roads, and [...]...
  91. National Arms and Flags Embracing mainstream international law, this section on national arms and flags explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "arms and flags, national" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  92. National Environmental Policy Act Resources See Also Environmental impact statements...
  93. National Liberation Movement Resources See Also Nation Province Sovereignty Rule of Law Public International Law State Territory...
  94. Precautionary Principle Precautionary Principle and the Treaties of the European Union Description of Precautionary Principle provided by the European Union Commission: The concept of the precautionary principle was first set out in a Commission communication adopted in February 2000 on recourse to the precautionary [...]...
  95. Principle of Participation In relation to the principle of participation and constitutional law, John Morison and Adam Harkens[1] made the following observation: Democratic participation is seemingly inherent in the etymology of the word democracy, given that it has arisen as a portmanteau of the Greek words demos [...]...
  96. Principle of Effectiveness Embracing mainstream international law, this section on principle of effectiveness explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "effectiveness, principle of" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  97. Security Principle Protective (or Security) Principle (of Jurisdiction) Embracing mainstream international law, this section on protective (or security) principle (of jurisdiction) explores the context, history and effect of the area of the law covered here. Security Principle (of Jurisdiction) Embracing [...]...
  98. Territorial Principle Embracing mainstream international law, this section on territorial principle explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "territorial principle" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  99. Freedom of Assembly Principle Freedom of Assembly Origin of the PrincipleIntroduction to Freedom of Assembly PrincipleIn 1215 a group of barons persuaded King John of England to sign the Magna Carta, a document designed to spell out the proper relationship between a king and his subjects. The process of having ......
  100. Attribution of Rights Principle Spanish Translation of attribution of rights principleThis is the legal translation of English to Spanish in relation to attribution of rights principle and / or a definition of this topic: Principio de Atribución de Derechos (in Spanish, without translation of the dictionary entry)....
  101. Objective Territorial Principle Embracing mainstream international law, this section on objective territorial principle explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "objective territorial principle" in the Parry and Grant Encyclopaedic Dictionary [...]...
  102. Passive Personality Principle Embracing mainstream international law, this section on passive personality principle explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "passive personality principle" in the Parry and Grant Encyclopaedic Dictionary of [...]...
  103. Principle of Absolute Consent In relation to the amendment of the constitutions of international organizations, this principle requires unanimity on the part of all members. Thus, e.g., art. 48 of the Consolidated Version of the Treaty on European Union ( O.J. 06/C 321 E/1 ) permits amendments to enter into effect only [...]...
  104. Principle of Effective Nationality Embracing mainstream international law, this section on principle of effective nationality explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "effective nationality, principle of" in the Parry and Grant Encyclopaedic [...]...
  105. Principle of Non-extradition of Nationals Embracing mainstream international law, this section on principle of non-extradition of nationals explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "extradition of nationals, principle of non-" in the Parry and Grant [...]...
  106. Subjective Territorial Principle Embracing mainstream international law, this section on subjective territorial principle explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "subjective territorial principle" in the Parry and Grant Encyclopaedic [...]...
  107. Impact of Precedent—The Principle of Stare Decisis Impact of Precedent-The Principle of Stare Decisis “The defining principle of Common law is the requirement that courts follow decisions ... Read more...
  108. National Law International Law and National LawIntroduction to National LawEvery nation is expected to obey international law. Some nations make international law automatically part of the law of their land. The U.S. Constitution designates ratified treaties, along with the Constitution itself ......
  109. National Government History of the National Government The following commentary about National Government in the Churchill Era is produced by the Churchill College (Cambridge): A Government with Ministers drawn from all the major political parties, normally formed in time of war or national emergency....
  110. National Currency National Currency in the E-Commerce Law Fiat Currency (a.k.a. “real currency,” “real money,” or “national currency”), is the coin and paper money of a country that is designated as its legal tender; circulates; and is customarily used and accepted as a medium of exchange in the issuing [...]...
  111. Preferential Treatment In the United States For information about Preferential treatment in the context of international trade, click here Embracing mainstream international law, this section on preferential treatment explores the context, history and effect of the area of the law covered here. Resources Further [...]...
  112. National Supremacy National Supremacy in U.S. Constitutional Law A list of entries related to National Supremacy may be found, under the National Supremacy subject group, in the United States constitutional law platform of the American legal encyclopedia....
  113. Treatment of Prisoners Embracing mainstream international law, this section on treatment of prisoners explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "prisoners, treatment of" in the Parry and Grant Encyclopaedic Dictionary of International [...]...
  114. Differential Treatment Special and differential Treatment This section provides an overview of special and differential treatment within the legal context of Most-Favoured Nation Treatment (MFN) in international economic law, with coverage of Non-Discrimination in Trade of Goods and Services (Principles). Resources [...]...
  115. Less Favourable Treatment This section provides an overview of less favourable treatment within the legal context of National Treatment in international economic law, with coverage of Non-Discrimination in Trade of Goods and Services (Principles). Resources Further Reading Lothar Ehring, "Less Favourable [...]...
  116. National Domicile Resources See Also Domicile...
  117. National Bank Resources See Also Member Bank...
  118. Equal Treatment Resources See Also Civil Liberty Civil Right Legal Right Citizen Freedom Political Liberty Constitutional Right Political Right Freedom of Speech...
  119. National Planning Resources See Also International Economic Law Economy Foreign Direct Investment Economic Law...
  120. Water Treatment Resources See Also International Environmental Law Environmental Law Violations Pollution Environmental Law Environmental Policy Climate...

Leave a Comment