From Rene David and John E.C.Brierly's 'Major Legal Systems in the World Today' (1978)

Coercion, far from being banished, is more prevalent now than ever before because of the need for protection against attacks by the enemies of the regime and the further requirement that citizens be strictly disciplined in order to create the conditions which will make communism pos-sible. The state, before it can disappear, thus has enlarged spheres of activity and intervention, and is stronger than ever; until its decline becomes possible, it rules every aspect of society with an rigour.

1 a more generally evolved society than that of the Germanic or Scandinavian tribes
territorial not tribal in nature
Byzantine law

The Mongol domination
second period in Russian history
war of liberation lasting 100 years.
brought to an end under Ivan Ill in I480,
Moscow, rather than Kiev.
by its Orthodox faith.
This domination explains the rise in the influence of the clergy
because of the regrouping of the faithful around their clergy.

. The code of 1649
Peter the Great (I672--1725)
avoid anarchy and preserve its independence
. In 1591 serfdom was established.

Weakness of the Russian legal tradition
technical backwardness of Russian law,
people's attitude to law engendered by a differ-ent history,
Throughout continental Europe, as well as in England, law is considered a natural complement to morality and one of the fun-damental bases of society.This idea did not take root in Russia,
 the first Russian university, that of Moscow, was only created in l755,
' I864 that a professional bar was organized and the judicial career separated from the administrative.Until then no distinction was made between police power,justice and the administration. Written law moreover was altogether for-eign to the popular Russian mentality.
peasant masses
only family owner-ship (dvor) or communal ownership (mir),to the exclusion of the individual ownership which was anticipated by legislation, existed for the peasants.
volost', made up of elected judges who were not jurists;
The unification of the law was thus an impossibility. The law in general was not based on the social consciousness of the people,
arbitrary work of an autocratic sovereign and a privilege of the bourgeoisie.
Jurists were the servants of the Tsar and the state
that society could exist without courts and without law.
Leo Tolstoy wished for the disap-pearance of law and the advent of a society founded on Christian charity and love. The Marxist ideal of a communist and fraternal society does find deep roots

Countries of western tradition
Hungarian, Polish, Czechoslovakian and Slovenian and Croatian 1aw was consistent with that in Germany,Austria and '1 France.i
; a large and respected body of jurists

The Balkan states
Albania,Bulgaria, Rumania, Serbia,
which make up the second group,

Proud of their legal tradition they attempted to retain it as much as possible in the building of the new form of government.
in Russia, are explained more by the weakness in their legal tradition and the absence of jurists than as a necessary consequence of an adherence to Marxist teachings.


Marxism: basic doctrine of Soviet society
Attitudes and institutions were systematically examined, and more often than not rejected or transformed, in the light of Marxism-Leninism,
Marxism-Leninism in the socialist countries represents some-thing quite different from any philosophical doctrine in Western
not only erroneous but to constitute a subver-sive threat to the social order.
reject, or even put in doubt,
the enemies of mankind

consciousness is no more than a reflection of the material world.
upset the traditional (metaphysical) concept
an order of absolute values
towards greater perfection
Marx and Engels believed they had discovered these laws,
. All else is superstructure,
Law, in particular, is only a superstructure; in reality it only translates the interests of those who hold the reins of command in any given society; it is an instrument in the service of those who exercise their "dictatorship" in this society because they have the instruments of production within their control. Law is a means of oppressing the exploited class; it is, of necessity, unjust. To speak of a "just" law is to appeal to an ideology-
opposed to our traditional views.
productive forces were free and at the disposal of all
s coercion,
e intervention
threat or the use of force,
The turning points of history are marked by the victories of the exploited class which in turn becomes the exploiting class.
Strife, and even misery,
private ownership
must be abolished.
made the property of the collectivity;
' only a few
defective organization
a fraternal society will then emerge;
antithesis of fascism which sacrifices any interest of the individual in order to exalt the rofe of the state.
he will no longer have to seil his labourpower to the profit of a ruling class exploiter.,such as health, education, transportation, communication and policing will be assured by all citizens in turn.
provided for,
. Society will no longer be democratic because it will not be subject to the rule of anyone,
a reign over things, not persons.
Both being members of the Communist Party and philosophers, Marx and Engels
a guide to political action and a technique of revolution,
Bolshevik party-
intermediate phase-that of a socialist state,
complements s and does not refute Marxism; it draws special support from Marxism, and remains completely faithful to it,
corresponds to a necessary stage
Soviet law
a neans of transforming, and thus guiding, society towards the communist ideal
To endow society with the economic organization which conforms to these scientific laws is the aim of Soviet law and policy;
"bourgeois law" which blindly tries to establish order and morality, both of which are unobtainable in a world organized on the basis of a defective economic system.
adninistrators and citizens alike possess a sure guide for the interpretation of law. Soviet law, there-   .'!is not a law like other laws; obviously, its study cannot be dissociated from Marxist-Leninist doctrines which fix its objectives and guide its evolution, interpretation and application.
jj non-dissociable facts
 , makes of man "a fighter capable
l what one ought to wish to do
what he should want.
Their aim is to perpetuate an essentially evil state of things, a social structure which carries with it an inadmissible and odious inequality.
Coexistence is possible only on condition that the U.S.S.R. is stronger than they are.

Relations between Soviet and foreign jurists
interpreted in the light
that a just law may be sought by jurists committed to the principle of private ownership.
revealed truth,
one side considers economics to be subordinate to morality,
-these dif-ferences, however essential they may be in principle, are seldom perceptible when one is dealing with technical rules.

Soviet Union and other countries


The Bolshevik revolution
a victorious revolution brought the Bolsheviks to power.
Many points remained obscure, however,
how was society to be organized
Russia remained the only country in which the Communists came to power.
But should the industrial workers alone be called the proletar-iat,

Period of revolutionary communism, 1917-1921
revolutionary or militant communism
Russia was prey to civil and foreign wars and in a state of total disorganization.
r enemies,
i Declaration of the Rights of the Toiling and Exploited People
Muslim workers
Church was separated from the State and a marriage code promulgated,
banks were all nationalized,
. The newly established courts were asked to judge, with no formal procedures, according to revolution-ary conscience, the socialist feeling of justice

New Economic Policy (N.E.P.), 1921-1928

a certain withdrawal.Concessions .
encourage the peasants to work and attract foreign capital.
repudiated; that the regime was "settling down,"
the chimera of a society not founded on law.
retained control of industry and commerce;
serious transgressions of principle
, a return to true Marxist doctrine.
' codes;
. For the time being the regime renounced the ideal of a society founded on simpie equity and the ntural sentiment of justice of a fraternal community,
a new principle of socialist legality was laid down and a new institution, the Prokuratura,

Abandonment of the N.E.P

interwoven; in particular the industrialization of the country demanded an increase in agricultural production which in turn could only be made possible by the rnechanization and, there-fore, the collectivization of the rural economy.
On the other hand,the class of kulaks, in whom foreign "bourgeois" powers might have found an almost natural ally for the realization of designs hostile to the
liquidation of the kulaks and by the com-plete collectivization of agriculture,
243,000 kolkhozi,had repiaced 18,500,000 family farms.z
economic infrastructure required
are indeed "collectivized" in the sense that they are exploited according to a plan of economic development drawn up by the leaders and approved by the Soviet Parliament. The admitted exceptions to this principle are of limited significance;
the crime of speculation.
"personal ownership"
cannot be used as a means of producing income.
through an increasingly clear affirmation of the principle of socialist legality. .
regulating new aspects of Soviet life.
"The dictatorship of the proletariat, hav-ing completed its work, is no longer necessary in the U.S.S.R.," but the communist stage has not yet been reached where "power will be exercised by the Soviets, the unions, the co-operatives and other people's organizations."
no stagnation.

Obstacles to the realization of commumsm

"capitalist encirclement."
as long as it feels threatened
habits of the capitalist era
the state must continue in order to prevent anyone from so harming socialist institutions.
production is not pushed to the extreme, providing sufficient con-sumer goods for everyone,
abundance, is also required.
production is not pushed to the extreme. providing sufficient con-sumer goods for everyone.
ecoomic task
denands a far greater effort of its leaders
With the Marxist doctrine the positions are reversed: guarantee a certain economic organization
Such a reversal of attitudes involves a total transformation of ideas about law.
If the guiding principles established by Marxist-Leninist doctrine are clear, namely that "economic power"be taken away from private interests, it does not specify how this power is to be exercised anew.
man, during his time, was in effect sacrificed to production and to the state. Although the Stalinist era was a painful one, the Soviet people today are reaping its advan-tages:
Since then it has been pos-sible to condemn the excesses of the Stalinist era and to return to true Marxist teaching, which aspires to be a humanism. Marxist doctrine teaches that power and wealth are not sought for their own sakes but rather in order to liberate man and to promote his complete fulfilment in a society in which he is no longer oppressed.
to remove the mechanisms of force which the state represents,
necessary to change man,
lacks a profound faith.
that work has become a matter of honour, as much as of necessity.
sacred duty to protect.
that everyone assent
that the law be "popular."
The Soviet court is thought of as a school. It admonishes, encourages, and gives advice as the 1aw itself often
A failure has oc-curred if the condemned party does not approve of his sentence,and if opposing parties do not leave the court reconciled by recog-nizing the just character of the decision made
"the government of men will give way to the administration of things;"
even criminal law,
when there arises a new concept of social defence, dominated by a cluster of criminological sciences in which psychology, medicine and sociology are associated.
model provided by the U.S.S.R.ould not simply be adopted in these several states whose tradi-tions, degree of industrialization, social structure and culture were different.
The desire on the part of some countries to build "a new model
. There is a real fear that, under the cover of such a formula, there will be a new interpretation given to the fundamen-tal doctrine of Marxism-Leninism and thus an abandonment of a of its basic principles.
essentially admini-strative technique. Marxism forecast the withering away of law and this so Iittle shocked the Russians that they thought it possible,
a lack of jurists in whom confidence

Survival of former law

a clean break with and to abolish in toto
class characteristics
' the national cultural heritage that was worthy of admiration and confidence.


, the nationalization of industry was easy and popular because the enterprises themselves often belonged to foreign interests or to capitalists whose position was compromised by reason of their as-sociation with the previous political regimes.
private commerce
land and the collectivization
Poland and Yugoslavia, only followed the movement to a very limited extent.
The law only prohibits individual farms of more than fifteen to twenty hectares;
their own way.
Yugoslav criticism of the Stalinist policy
in fact-and not simply as a form of legislative fiction
the corps of Soviet leaders, which at one time came from the heart of the proletariat,has now become detached and separated from it; they have made of themselves an autonomous group with its own interests, different -and sometimes even opposed to those of the proletariat. This group, now an extremely powerful bureaucracy, has brought the whole Soviet state under official control

Yugoslav constitutions

"non-state." To avoid the greatest danger for the proletariat-the bureaucratization of the socialist state-it must be democratized-that is to say, the masses musr participate
removing from the state its former func-tions, one by one, for the benefit of society. Only in this way will the socialist state, so long as it does exist, remain a proletarian state and then wane, one day completely and finally to disappear.
Tito (b. I892)
not a state but rather a social ownership
removing it from the state and its bureaucracy.
there is an as-sembly or committee of producers elected by the primary producers.
,' Such an extension of universal suffrage is necessary in order to lessen the economic power of politicians and bureaucrats
famous industrial self-management
mming of a director of the enterprise by an external authority
A further, but temporary limitation of the wor-kers' self-management can also occur with the authoritarian "tak-ing in hand" of the enterprise if this is necessary for the protection of social interests
Withering away of the state
exercise of force, that are necessary for the maintenance of order and social peace. These functions are the last to be exercised by society directly;their transfer will only occur when all the persis!-ing inegalities to which, precisely, all violations of peace and the social order are due, have disappeared from society.
defence of its frontiers.
. The state and its bureaucracy must also immediately lose other functions, especially those relating to intellectual life, public health, education and social security. For this reason attempts have been made in Yugoslavia to create a system without political parties.
, not a political party but rather a diversified organization intended to include almost all citizens participating in the exercise of power in order to teach them how best to discharge this task.
the delays in official business, the excessive formalism and plethora of person-nel have all been denounced. The down-grading of the elective bodies which were unable to exercise any effective control,
much less acute, now that experience has shown that even though it went its own way Yugoslavia has no intention of joining the capitalist camp.
capitalist encirclement
societies which, from so many points of view, are different and fully intend to remain so.


when it was thought possible to abolish immediately the principle of legality and replace Jaw by revolutionary con-science,
solidarity and social duty. At present, discipline
Mening of the word "socialist"
When they demand on the contrary that citizens in the U.S.S.R.conform strictly to the legal order, they must justify this change of attitude.
the material conditions of the ruling class determine the social consciousness, the will and the interests that find their expression in law. To dissociate law from the economy, to analyse the legal system independently of the existing economic relations is therefore incompatible with the basic principles of Soviet legal science."
the order which it serves
when subordinate
a superstructure;
capitalist elements
use the existing laws for their own ends and to the detriment of socialism,
new functions
to express a certain concept of justice
, not merely
nation depend upon it,
any viola-tion of the law interests the public authorities and the state, quite apart from whoever is the immediate victim.
to a very great extent therefore, law is only obligatory in so far as interested citizens are disposed to act in order to protect their rights. '
the law must not be divorced from its social context.
unf'olding in an historical perspective, operates the "constructiorC of law.
recognizes that its work is not wholly free and arbitrary, Marxism is close to the idea of natural law, even though it attaches a new meaning to this term
does not free it from constantly seeking out a better concordance of law and morality. |
the word "sacred"
The provisional character of socialist legality
iS just from the point of view of a socialist society but unjust, on the contrary, from the point of view of the later phase of communism.
must be convinced of the excellence
valid for all societies, is particularly true
widely recognized right to lodge complaints and claims which administrative bodies are obliged to investigate.
The role of general supervision
. It never makes a decision itself,
therefore prevent illegal decisions the passage of illegal resolutions.
must in law be obligatorily communicated to it before becoming executory.
. The law also determines to whom the objection must be addressed-either to the authority that has made the questionable decisions, to a higher authority
jus-tifted. It is worth noting however that the review in which they are reported (Socialist Legat,tyrn)published by the Prokuratura itself.
jj 50% of pay from press freedoms report status
person illegally detained;
superintending the of justice rather than exercising,
Rumanian Constitution of 1965
private persons to take judicial action against individual administrative acts,
lists of legal experts who might either be employed
a profes-sional bar
Thus, if the advocate is convinced of the guilt of his client, he must not attempt to hide it from the court
must always apply to a group of lawyers (Kollegija)
fees payable by the client ac-cording to a fixed rate,
offers only a mediocre income to prac-titioners; most of the businesses which make it profitable in the West have in effect now disappeared in the U.S.S.R.
need for consulting
publicists, jour-nalists
jj should expect friends and connected persons to act out of loyalty, against the system


Pre-eminence of legislation
legislation in the laws of the Romano-Germanic family is purely factual and some-what accidental; only recently has it become the principal source of Romanist laws, and it is perfectly conceivable that this situation may change.
e best means for bringing about a complete transformation of society.
remains to be seen
Rejection of the separation of powers
between law in the formal and material senses.
in the mater-ial sense it is any act
achieve a balance of power. It is normal in these circumstances that rules of conduct prescribed by law should come from different sources
not exclusive
in the reality of the modern world, this principle has increasingly weakened the role of statutes-measures enacted by the legislature -to the benefit of other "powers," especially the executive or unistrative.
being contrary to a true democracy,are not admitted;
against the sovereignty of the people.
-simply as a result of the increased num'oer of tasks assumed by the state and imposed by the necessities of efficient administration.
led to a fairly strict limitation of the autonomy of local authorities.
lthough in fact it is most often the creation of the Praesidium, the decisions of which are merely ratified by the Supreme Soviet.
can freely amend the U.S.S.R. constitution
. The Secretary-General has become the chief of state,
. While decisions are theoretically made by the Central Committee they are, in reality,the work of  the  Politburo
15 Soviet Socialist Republics
it becomes rather arbitrary.
to attempt to dis-tinguish clearly between different forms of "administrative" acts on one hand and "contractual" acts concluded by enterprises
In democracies of free enterprise--but because these are becom-ing less and less free-
measure of freedom
direction of development, the degree of expansion they hope to carry out, the location of their branch offices, the choice of clients with whom they will deal
this, despite all these restrictions, enables us to speak of free democracies.
, must fulfil the greater part of the economic role which in other countries is under-taken on the initiative of private enterprise. There is, therefore, a mass of different measures,
Regulations and departmental instructions
the govern-nental administrative agencies in the free democracies are hardly ever concerned with the legality of the departmental instructions received; they apply them just as they would rules of law,
con-tracts in the collectivized sector; but this is explained more by a desire for good administrative management than to allow for a sphere of free action to industrialleaders.
very difficult to gather satisfactory legal documentation on any point whatsoever of Soviet administrative or economic life.
imper-ative rather than the rational side
Consequently the interpretation of legislation 'oy the Soviet judge is not grammatical but logical;
when the bourgeois judge purports to be taking the needs of society into consideration, it is his own personal ideology that prevails.
The respect for socialist legality is of course still obligatory; but it is difficult for a Marxist to resign himself to injustice in the law. He hole wh*,,, __: a 'egislative statement which provides some loop-hole when necessary, just as he favours the many provisions of the law which free the judge from fOrmalism. (judge)
tions set up to provide an "authentic" legalinterpretation
U.S.S.R. Supreme
more to give such instructions to judges than to revise decisions


Yugoslavia created a Court of Constitutional Justice in 1963 and it is empowered to request that the legislature re-examine a statute judged to be contrary to the Constitution. The law lapses if, within six months, the parliament has not amended it.
remedies against judg-ments

:  popular assessors and one or more 'e judges,
not necessarily had any legal train-ing.
five years,
. This right of revocation
17 per cent. of the judges were eliminated.
seems natural in a country where so much emphasis is placed on the dogma of popular sover-eignty and where the law is defined as an instrument of poJicy.
voting by citizens or their representatives in the different Soviets is scarcely more than a ratification of the chosen candidates of the Party;
judge has no need to be a jurist: no qualifying condi-tions of special aptitude, training or apprenticeship must limit the electors' freedom of choice.
workman's salary.
the judge is never alone except in cases specified by law
The people's assessors
t random from predetermined lists. They complete the court for the purpose of examination and judgment.
elective process:
two years,
two asses-SOf S
varying number
assessors will always form the majority.
relieved of the employment
two weeks each year.
placed on an equal footing with the judge;
same weight
the new people's couns may have as many or more than IS judges.
 technical knowledge
popular sentiment
correct the professional bias
anticipates tomorrow's non-juridical forms. In the meantime it serves to educate the community by reinforcing the link between the court and the Soviet people; it associates a very large number of citizens
and been convinced of the eminently just nature of Soviet law.
penal infractions committed by enlisted men and certain crimes (espion-age, treason) affecting state security.
Remedies against judgments
That a higher court could reverse the decision of judges in a court of first instance on questions of fact is easily seen to be anti-democratic, since thejudge is elected and the case has been examined with the aid of people's assessors.
demand in revision (nadzor),

International commercial arbitration
these courts are not suited to foreigners contracting
disinclined to submit possible future disputes with foreigners to the jurisdiction of foreign state courts.
. Disputes will not disappear in communist society, but such conflicts will no longer be "antagonistic,"
organizations destined to disappear.'
Comrades' courts and community meetings
those who evade their social obligation to work or lead a parasitic way of life,
f banishment
the obligation to work and the confiscation of profits unduly received.
where there is much concern that there be an effective sovereignty of the people through its representative legislative body, it is obvious that decided cases must be confined as much as possible to a role of strict iruerpretation of enacted law rather than the creation of legal rules.
"The court is an instrument of the governing class;
recognize that the legislative order has gaps. Laws are sometimes incomplete or insufficient
A Soviet author for his part would reply that by creating rules of law a French or an English judge is changed into a legislative organ
specify the manner in which the application of a particular law must be cOnceived
provides judges with directives concerning the possible grounds for divorce (which the law does not specify);
right to submit draft legislation
that the role of the courts must be to co-operate in bringing about the success of the state policy.
, and one that every honest citizen would be happy to accept.
. They organize a corps of judges entirely devoted to the programme of social change
no heed had to be paid in countries where similar condi-lions did not prevail.
r the repression of crime, the court does not limit itself the delinquent, but devotes itself to his reform and re-education."


In the U.S.S.R. the law is nothing other than the putting into practice of this doctrine;
"doctrinal fathers"
the writings of Marx, Engels and Lenin whose complete works are the basis of any_law library have first place.
their doctrinal author-ity
A Soviet jurist or anyone wanting to study Soviet Iaw must refer to them constantly.
Professors of law do not criticize the law; they are only expected to simplify its teaching and application, by clarifying the intention of the legislators; and, like judges, they must also seek to ensure the success of government policy by convincing citizens of the emin-ently wise and just character of Soviet law, The works written for this purpose therefore make no attempt to be original. Moreoverthey are very often the work of a group (kollektiv) of authors headed by an editorial chief who supervises the collaboration.Before the work is published it is generally submitted to the criticism of a committee
detailed discussions within each section or at a higher level, but it is finally published under the name of the individual researcher who prepared it.
but at the present time, and in an atmosphere of greater freedom, they have been successful in their reaction against excessively conformist attitudes.
consulting the Polish Association of Junsts hefore promulgating new legislation.
t the capitalist regimes have undergone great changes since the time of Marx and Engels.
t western legal science continues to provide them with models


Originality of socialist laws
categories and concepts,
the problems are not the same.
their real nature
Private law
socialist ounersh'p,
difficult to protect
counted upon
means of special institutions for the defense of general interests. the types of questions raised
Adnistrative law
To a jurist of the capitalist world the essential is once again to protect the individual and affirm his rights against a government
are automatically protected
endeavour to multiply methods of control which will assure an ordered exploitation of such property and its protection from all of wastefulness and encroachments.
International Association of Legal Science ({)}
essential that the government's policy for building com-be successful; and they replace judicial control with a new type of control exercised by the people's representatives and organ-izations.
these countries have always considered private law to be the heart of law.Romano-Germanic
"We do not recognize anything ; 'private,'  Lenin
parts of public Iaw.
There is one essential consideration which has led Soviet doc-trine to deny the distinction between public and private law. In the eyes of r.he Marxists the economic structure of society is the funda-mental factor for regulating social relationships. "Private law" is therefore wholly dependent on public law because the latter gives legal form to this economic structure. To deny the distinction be-tween public law and private law is therefore to affirm the unity of law; and this unity results from the fact that,law, in all of its branches, is essentially a reflection of the economic organization of society,
  There is, too, a further consideration. Marxism-Leninism iden-tifies law with coercion. It does not consider rules conforming to justice or inspired by morality, and which men spontaneously fol-low in their mutual relations, to be rules of law at all. According to this doctrine, only those rules imposed more or less openly or hypo-critically by the ruling class and in order to protect its economic interests and perpetuate its own "dictatorship" are legal rules. Law is only an application of policy, an instrument in the service of the ruling class. There is therefore, in this view, no more place for a private law which, independently of any political character or policy preoccupations-and that, after all, is the essence of the idea of private as opposed to public law-purports to give expression to ideas of good organization and socialjustice.
reciprocally wthe member of a kolkhoz who does not accomplish the minimum amount of work due
' "contract,"
"services" owed by organisms
Difficulties of comparison
personal ownership, co-operative ownership and, most impor-tant and newest of all, the regime of socialist or state ownership.
personal needs
not in order to draw profit from it or to use it for speculative ends.
Co-operative ownership
obliged to
State ownership
state agricultural
fixe.d capital
raw materials
.: in a socialist regime the important thing is not so much to know who is the owner but rather to know by whom, and how, such property will be exploited.
to the needs of production and consumption.
Soviet law, unlike English law, defmes contract in the same way as the laws of the Romano-Germanic family
between the contract of Soviet law and that of the Romanist laws is at once apparent when the "economic con-tracts"-that is to say those occurring in the collectivized sector of Soviet economy-are considered. This sector is managed by state enter-prises, monopolies or sovkho-i, co-operatives or kolkhozi.
execute the plan
, must produce x miles of railway track
. A retail enterprise, for example, is in a better position than the admini-strative authorities to know the needs and desires of the pubtic:the size of shoes required, the preferences for material of' a certain colour and so on.
Formtion of contracts
. If they do not agree on the terms
(of time, principally)
arbitral organ; thus, these organs of public arbitration deal in many cases with a pre-contractual dispute.
One party does not even have the right to free the other of such penalty; such a collusive agreement, con-the nterests involved in the strict execution of the plan,
the contracts which occur "outside" the plan-contracts between commercial state enterprises and consumers and those between citizens-are very similar to the contracts known in bourgeois countnes.

Foreign trade in the Soviet Union is the monopoly of about fifty bodies which specialize in different branches
necessary, or at least opportune within the framework of the plan,
state secret.
difficult for an outside nation to urge that its nationals have not been treated as they ought to have been under the most-favoured nation clause.