Non-discrimination as Discrimination: The MFN Obligation and International Trade Law

• 成果类型: Article
• 署名作者: Das, Sannoy
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300; 2161-7953
• DOI: 10.1017/ajil.2026.10176
• 发表日期: 2026-07
• 页码: 492-542
• 关键词: OPEN-DOOR; state

摘要

The most-favored-nation obligation, as an expression of a non-discrimination norm, is often described as fundamental for international trade law. But does MFN deserve this normative halo? This Article traces the historical emergence of MFN-as-fundamental mythology, unearthing its origin in three controversial twentieth-century projects. Rather than promoting non-discrimination, MFN was historically used to draw discriminatory boundaries-between imperial powers and colonies and between West and East. Only with the ordoliberal turn did MFN become synonymous with a universalist, non-discrimination-centric international trade law. But history also reminds that alternative norms once vied to structure international trade law. Those may be due for reconsideration.