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The Application of Non-discrimination Obligations to Monopolies and State (Trading) enterprises

This memorandum provides an analysis of the scope of non-discrimination obligations upon monopoly state enterprises (MSEs) and state (trading) enterprises under the General Agreement on Trade in Tariffs 1994 (GATT 1994), the North American Free Trade Agreement (NAFTA), and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). Specifically, this memorandum answers the question as to whether there is one obligation for non-discriminatory treatment or two in each of the three agreements.

Clinic: uOttawa, Fall 2016


Executive Summary

The full redacted report can be read here.


This memorandum is a non-confidential summary of a confidential memorandum prepared for a Beneficiary in the International Trade and Investment Law Practicum course taught by Professor Debra P. Steger in the Fall 2016 semester at University of Ottawa, Faculty of Law. Meghan Blom, Paul Burbank, and Hunter Fox were the student team who research and prepared both the original memorandum for the Beneficiary in the course as well as prepared this summary.


This memorandum provides an analysis of the scope of non-discrimination obligations upon monopoly state enterprises (MSEs) and state (trading) enterprises under the General Agreement on Trade in Tariffs 1994 (GATT 1994), the North American Free Trade Agreement (NAFTA), and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). Specifically, this memorandum answers the question as to whether there is one obligation for non-discriminatory treatment or two in each of the three agreements.


Section one of the memorandum answers the first legal question on the scope of non-disc