Super-National Treatment: A Misconception or a Creation with Chinese Characteristics?

Abstract

The term “super-national treatment” is used as a popular legal term in China. However, its definition and relationship with national treatment obligations have been highly debated. After tracking its history, comparing with the general meaning of national treatment in the context of international law, especially of the law of WTO (World Trade Organization)law, it shows that super-national treatment is a misconception of national treatment. With the gradual repeal of the preferential treatment of foreign-funded enterprises in China, super-national treatment, as a misleading legal term, should come to the end.

Keywords

super-national treatment / WTO / Calvo doctrine

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2014 Higher Education Press and Thomson Reuters