Non-discrimination in international trade in services : 'likeness' in WTO/GATS /
Nicolas F. Diebold.
- Cambridge, UK : Cambridge University Press, 2010.
- xlii, 390 p. : ill. ; 24 cm.
- Cambridge international trade and economic law. .
- Cambridge international trade and economic law. .
Includes bibliographical references and index.
'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.
9780521191869 RM379.04 0521191866
General Agreement on Trade in Services (1994)
Service industries--Government policy. Trade regulation.