'Like Products' in International Trade Law
Towards a Consistent GATT/WTO Jurisprudence
Series: International Economic Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 3 July 2003
- ISBN 9780199260782
- Binding Hardback
- No. of pages288 pages
- Size 242x162x20 mm
- Weight 539 g
- Language English
- Illustrations numerous figures 0
Categories
Short description:
The obligations of international trade law hinge upon the question of what constitutes 'like products'. Trade disputes will often involve an examination of whether the products in question are in competition with one another. The most common term used for this test is to ask whether they are 'like products' - that is to ask whether products are sufficiently similar for consumers to see them as substitutable - and thus whether they are subject to the rules of the WTO and GATT. This book seeks to develop consistent principles and an effective definition for this central issue of world trade law.
MoreLong description:
The obligations of international trade law hinge upon the question of what constitute "like products". Trade disputes will often involve an examination of whether the products in question are in competition with one another. The most common term used for this test is to ask whether they are "like products" - that is to ask whether products are sufficiently similar for consumers to see them as substitutable - and thus whether they are subject to the rules of the WTO and GATT.
The central thesis of this book is that despite the centrality of the principle of 'like products' to the WTO, it has not been consistently interpreted, and therefore the risk of discriminatory practice remains. The author, through analyzing legal and economic arguments, sets about defining the concept of 'like products' in such a way as to consistently give effect to WTO aims.
Professor Won-Mog Choi's book on "like" products in world trade law will be met with great interest by academics and practitioners working in international trade law alike. The study is an important and valuable contribution to an aspect of trade law, which has not received a thorough academic analysis until now.
Table of Contents:
The Relationship Between Law and Economics: The Divide
Types of Law and Economics
Constraints of Discretion, justification and Acceptability
Applying the Relationship to GATT Law: Across the Divide
Conceptual Classification of Relationship Between Goods
Evidential Elements to Define Likeness or Substitutability
Analytical Framework for Likeness or Substitutability Analysis
Progressive Interpretation of 'Like' and 'Directly Competitve or Substitutable' Products
Non-discrimination Provisions
Fair Trade Provisions
Others
Conclusion