Non-Discrimination in International Trade in Services
‘Likeness' in WTO/GATS
$46.00 ( ) USD
- Author: Nicolas F. Diebold, Universität Luzern
Adobe eBook Reader
Looking for an examination copy?
If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact firstname.lastname@example.org providing details of the course you are teaching.
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.Read more
- 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
- Winner of the 2011 Paul Guggenheim Prize
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- 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
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.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email email@example.comRegister Sign in
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.Continue ×