Unto the Hills; Some of America's Problems

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The European practice was foun- ded on what was then known as "commercial liberalism" which now is denominated otherwise. Each state desired the same concession granted to any other state. An instrument was devised to automatically secure to newly contracting states the benefits of concessions previously made to other states. That instrument was "the most favored nation clause" which is found in nearly all American commercial treaties. It was transplanted from Europe to America.
In one form or
...another, this formula was inserted in commercial treaties subsequently put into force by the United States. Our treaty of "amity, commerce and naviga- tion" with the Netherlands in 1782 provided that "no other or greater duties on imports of whatever nature shall be paid than those which the nations the most favored are or shall be obliged to pay; and they shall enjoy all the rights, liberties, [135] Unto The Hills privileges, immunities and exemptions in trade, navigation and commerce which the said nations do or shall enjoy.** Our commercial treaty with Sweden in 1783 contained the same provisions substantially.

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