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Non-Discrimination in International Trade in Services
‘Likeness' in WTO/GATS

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Part of Cambridge International Trade and Economic Law

  • Date Published: December 2010
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9780511855269

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  • 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.

    • Addresses important technical difficulties in the most-favoured-nation and national treatment obligation in GATS (Articles II and XVII), in particular the relationship between 'likeness' of services and 'likeness' of suppliers as well as 'likeness' of services supplied by different methods and different modes of supply
    • Places the legal element of 'likeness' in GATS in its context within the entire structure of the non-discrimination principle, in particular the elements of 'less favourable treatment' and regulatory purpose
    • Compares the 'likeness' concept in different fields of international economic law, allowing for valuable conclusions on similarities and differences in the interpretation and application of the 'likeness' concept
    • Explores the extent to which competition law theories on the definition of relevant markets may be transposed for the analysis of 'likeness' in non-discrimination
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    Awards

    • Winner of the 2011 Paul Guggenheim Prize

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    Product details

    • Date Published: December 2010
    • format: Adobe eBook Reader
    • isbn: 9780511855269
    • contains: 7 b/w illus.
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table 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.

  • Author

    Nicolas F. Diebold, Universität Luzern
    Nicolas F. Diebold is Professor of Public and Economic Law at the University of Lucerne. He studied law at the Universities of Geneva and Zurich and he received an LL.M. degree from Duke Law School. Following his admissions to the bar in New York and Switzerland, Nicolas graduated with a PhD in Law from the University of Berne. He was a visiting scholar at Stanford Law School in 2008 and at Edinburgh Law School in 2014. Prior to this appointment as professor, Nicolas was head of internal market affairs at the Swiss Competition Commission in Berne.

    Awards

    • Winner of the 2011 Paul Guggenheim Prize

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