Protecţia consumatorului de cetăţenie în războiul comercial de apărare

Andreea-Mădălina STĂNESCU-SAS

ABSTRACT

When instituting retaliatory tariffs on imports from a State who initiated such alleged protectionist measures, aiming to convince that State to renounce the tariffs initially imposed, it is possible to disproportionately affect some of its own citizens or of the companies established under the national law. In such cases, the State can award them certain compensatory benefits. Considering the premise that citizenship is not a determinism, but the consequence of a free choice, as is nationality for companies, this article tends to reveal the conditions under which such benefits are owed by the State on the grounds of the right to an adequate standard of living or, respectively, of economic freedom, and not just as affirmative action.

Keywords: right to an adequate standard of living, economic freedom, tariffs, commercial war, retaliation, compensation, damages, proportionality.

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