National treatment is a core non-discrimination principle which sometimes has discriminatory effects. That avoidance can be legitimate and, as this chapter contends, sometimes not legitimate. The European Union (EU), for example, has used the creation of sui generis rights to avoid national treatment and this approach, in effect, it weaponises exceptions to national treatment. This chapter contends that sui generis claims to avoid national treatment obligations only work for the strong to exclude other strong competitors and tend to have adverse effects, both short and long term, on smaller and developing economies. For those reasons the chapter concludes that national treatment exceptions should be interpreted narrowly.
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