Non-discrimination in international trade in services : 'likeness' in WTO/GATS /
Diebold, Nicolas F.
Cambridge : Cambridge University Press,
2010.
"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"--Provided by publisher.
Includes bibliographical references and index.
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.
"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"--Provided by publisher.
General Agreement on Trade in Services (1994)
Service industries
Trade regulation.