The Most-Favoured-Nation Treatment Obligation: Trends Leading to its Marginalisation and whether a Threat to the Multilateral Trading System

The Most-Favoured- Treatment Obligation is a fundamental principle under the multilateral trading system of the World Trade Organisation. The principle requires Members to accord the same tariff and regulatory treatment given to the product of any one Member at the time of import or export of “like products” to all other Members. However, recent trends show deviation from this rule so much so that it is most often applied as an exception rather than as a general rule. This paper examines the MFN Treatment Obligation, trends leading to the importance of its marginalisation and whether with the recent retreat its marginalisation is a threat to the multilateral trading system or merely an evolutionary step on the path to greater trade liberalisation.