Non-discrimination in international trade in services : 'likeness' in WTO/GATS / Nicolas F. Diebold.

Format:

Book

Author/Creator:

Diebold, Nicolas F., author.

Series:

Cambridge international trade and economic law ; 4.

Cambridge international trade and economic law ; 4

Language:

English

Subjects (All):

General Agreement on Trade in Services (1994 April 15).

General Agreement on Trade in Services.

Service industries--Government policy.

Service industries.

Trade regulation.

Physical Description:

1 online resource (xlii, 390 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2010.

Language Note:

English

Summary:

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.

Contents:

Introduction

Objective and forms of non-discrimination

Particularities of trade in services and GATS

Legal elements of non-discrimination obligations

Concluding summary : reconciling the three elements

"Likeness" in national treatment

"Likeness" in MFN treatment

Comparative analysis of "likeness"

Concluding summary : economic standard

The scope of GATS rules on non-discrimination

"Likeness" across "services" and "suppliers"

"Likeness" across "methods" and "modes" of supply

Concluding summary : merged test and cross-over "likeness"

The border tax adjustments framework

Applying market definition theories to "likeness"

The PPM problem in the GATS "likeness" context

Concluding summary : substitutability framework

Summary of conclusions.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

0-511-86145-1

1-107-21393-2

1-282-92170-3

9786612921704

0-511-86046-3

0-511-85959-7

0-511-85872-8

0-511-85785-3

0-511-67584-4

0-511-85698-9

OCLC:

693761337