Explanation and Interpretation of GATT National Treatment in the Light of DSB Practice

The national treatment commitment is one of the most important principles of the various WTO agreements, including the GATT. Nevertheless, the complexities of concluding international agreements have led to briefly codify article 3 of the GATT. The lack of definition and explanation of terms and concepts such as "similar product" and "directly competitive or substitutable product" along with the diversity of the issues referred to in various paragraphs has added to the ambiguity and generality of this article. While, the actual implementation of this commitment requires explicit, clear and complete regulations. Therefore, in the implementation of the GATT National treatment, the interpretation and explanation of Article 3 of the GATT will be essential. Although the competent authority for interpreting the provisions of the WTO is another pillar, the role of DSB (Dispute Settlement Body) in clarifying these provisions including article 3 of GATT cannot be denied. Here, it has been tried to explain the national treatment contained in Article 3 of the GATT by resorting to different DSB reports, and to present the interpretations in a coherent manner. The Practical procedure of DSB also demonstrates the importance of the explanations and interpretations in the proper application of the GATT national treatment commitment.