Non-Discrimination in International Trade in Services
'Likeness' in WTO/GATS
Series: Cambridge International Trade and Economic Law; 4;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 21 October 2010
- ISBN 9780521191869
- Binding Hardback
- No. of pages432 pages
- Size 235x159x25 mm
- Weight 790 g
- Language English
- Illustrations 7 b/w illus. 0
Categories
Short description:
This analysis of the legal issues of non-discrimination obligations in WTO/GATS focuses on the comparability of services and suppliers.
MoreLong description:
The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
MoreTable of Contents:
Introduction; Part I. Foundations: 1. Objective and forms of non-discrimination; 2. Particularities of trade in services and GATS; 3. Legal elements of non-discrimination obligations; 4. Concluding summary: reconciling the three elements; Part II. Framing the Conceptual Breadth of 'Likeness' in GATS: 5. 'Likeness' in national treatment; 6. 'Likeness' in MFN treatment; 7. Comparative analysis of 'likeness'; 8. Concluding summary: economic standard; Part III. GATS-Specific 'Likeness' Issues: 9. The scope of GATS rules on non-discrimination; 10. 'Likeness' across 'services' and 'suppliers'; 11. 'Likeness' across 'methods' and 'modes' of supply; 12. Concluding summary: merged test and cross-over 'likeness'; Part IV. Methodology for the 'Likeness' Analysis in GATS: 13. The border tax adjustments framework; 14. Applying market definition theories to 'likeness'; 15. The PPM problem in the GATS 'likeness' context; 16. Concluding summary: substitutability framework; Summary of conclusions.
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