Section 6: Non-Discrimination in International Trade and InvestmentUnder the Trade Act 2021, the United Kingdom is committed to ensuring that all trade and investment measures are non-discriminatory. This means that no country or investor should be treated less favorably than another in terms of access to markets, investment opportunities, or regulatory treatment. The UK will also work to eliminate any existing discriminatory measures and prevent new ones from being introduced. This provision aims to promote fair and open competition in international trade and investment, while also protecting the interests of UK businesses and investors.

Section 6 of the Trade Act 2021 is a crucial provision that aims to ensure that all trade and investment measures are non-discriminatory. This means that no country or investor should be treated less favorably than another in terms of access to markets, investment opportunities, or regulatory treatment. The UK government has committed to eliminating any existing discriminatory measures and preventing new ones from being introduced. This provision is essential in promoting fair and open competition in international trade and investment, while also protecting the interests of UK businesses and investors.

To better understand the implications of Section 6, it is important to examine related case laws and judgments. One such case is the WTO Appellate Body Report on United States – Import Prohibition of Certain Shrimp and Shrimp Products. In this case, the Appellate Body found that the US had violated non-discrimination principles by imposing a ban on the importation of certain shrimp products from countries that did not use turtle excluder devices. The Appellate Body held that the US had failed to provide sufficient scientific evidence to justify the ban and had discriminated against certain countries.

Another relevant case is the ECJ judgment in Case C-366/10, Air Transport Association of America and Others v Secretary of State for Energy and Climate Change. In this case, the ECJ held that the inclusion of non-EU airlines in the EU Emissions Trading Scheme (ETS) constituted a violation of non-discrimination principles. The ECJ found that the inclusion of non-EU airlines in the ETS would result in discrimination against certain countries and would be inconsistent with international law.

Furthermore, the NAFTA Chapter 11 case, Methanex Corporation v United States, is also relevant to Section 6. In this case, Methanex Corporation claimed that California’s ban on MTBE (a gasoline additive) violated NAFTA’s non-discrimination provisions. The tribunal held that California’s ban was discriminatory and violated NAFTA’s national treatment and most-favored-nation obligations.

In addition, the WTO Panel Report on China – Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum is also relevant. The Panel found that China had violated non-discrimination principles by imposing export restrictions on rare earths, tungsten, and molybdenum. The Panel held that these restrictions discriminated against certain countries and were inconsistent with China’s WTO obligations.

Finally, the WTO Appellate Body Report on United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam is also relevant. In this case, the Appellate Body found that the US had violated non-discrimination principles by imposing anti-dumping measures on certain shrimp imports from Viet Nam. The Appellate Body held that the US had failed to provide sufficient evidence to justify the measures and had discriminated against certain countries.

In conclusion, Section 6 of the Trade Act 2021 is a critical provision that aims to ensure non-discrimination in international trade and investment. Related case laws and judgments highlight the importance of non-discrimination principles in promoting fair and open competition in international trade. It is crucial for businesses and investors to understand the implications of Section 6 and to ensure compliance with non-discrimination principles to avoid potential legal risks and uncertainties.