Thinking about MFN, equality between States and reciprocity


February 14, 2026

Prompted by recent (and not-so-recent) events (from “liberation day tariffs” to the hugely interesting submissions by the US and the EU re WTO reform), I am excited to have started researching, digging and thinking about MFN and reciprocity within the world trading system.

I am currently exploring the history of MFN. Why? I want to precisely know what were the reasons and motivations underlying the final choice enshrined in Article I of the GATT. What were the alternatives? What was the previous practice? Why did the (Anglosaxon) Fathers of the GATT departed from them and converged towards a clean and unidirectional “immediate and unconditional” recognition of MFN treatment with respect to “any advantage” to all?

What has changed from then to now? What are the arguments and reasons supporting change? What directions will these take us to?

MFN is (rightly) the cornerstone of the trade system which emerged from WW II and it is now under serious re-consideration.

My initial reflection is that it will not be put aside completely. That said, it is likely that its “unconditional status” will be subject to provisos and qualifications, all linked to two considerations. First, a renewed linkage to “stay true to your commitments”. Secondly, to “reciprocity”. This will pave the way to a renewed discussion about the never ending concern on fairness and a clarification of the concept and role of reciprocity within a multilateral (not bilateral) regulatory framework.

Teaching (and other amenities) permitting, I will be able to have something before the beginning of the Summer!

Stay tuned, more soon!