Opening Word document…

“Domestic” is contrasted with foreign and international

Beppu 8, Senior Articles Editor, Cardozo Law Review. J.D. Candidate (June 2007), Benjamin N. Cardozo School of Law. (Daisuke, March 2008, NOTE:WHEN CULTURAL VALUE JUSTIFIES PROTECTIONISM: INTERPRETING THE LANGUAGE OF THE GATT TO FIND A LIMITED CULTURAL EXCEPTION TO THE NATIONAL TREATMENT PRINCIPLE, 29 Cardozo L. Rev. 1765, 1778. Lexis accessed online via KU libraries)

Determining the definition of the word "domestic" is more problematic. The Oxford dictionaries tend to define "domestic" to mean "of or pertaining to the country"; "not foreign"; "inland." 78 [[Footnote 78 begins]] The Shorter Oxford English Dictionary on Historical Principles defines "domestic" as "housed; intimate, at home"; "of or belonging to the home, house, or household; household, home, family"; "of or pertaining to one's own country or nation; internal, inland, home … ; indigenous; home-grown, home-made...." The Shorter Oxford English Dictionary on Historical Principles, supra note 75, at 593. The Concise Oxford English Dictionary defines "domestic" as "Of the home, household, or family affairs, ([domestic] science, study of household management); of one's own country, not foreign or international (domestic trade); native, home-made; (of animal) kept by or living with man; fond of home life." The Concise Oxford English Dictionary, supra note 75, at 307. The New Oxford English Dictionary defines "domestic" as "of or pertaining to one's own country or nation; not foreign, internal, inland, "home'; indigenous; made at home or in the country itself; native, home-grown, home-made." Oxford English Dictionary 944 (2d ed. 1989). [[Footnote 78 ends]] The Webster's dictionaries, however, define "domestic" to mean "of, relating to, or originating from, the country." 79 The absence in the Oxford dictionaries of the phrase "originating from" is significant: the Oxford dictionaries' definition of "domestic" implies being physically located within jurisdictional bounds. The inclusion in the Webster's dictionaries of the phrase "originating from," however, implies that the words "domestic" and "national origin" have the same meaning. The question is how the Appellate Body would handle a situation where there are two conflicting definitions from competing dictionaries.

Sign in to recut, update, or save this card.