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

By: Material type: TextTextSeries: Cambridge international trade and economic lawPublication details: Cambridge, UK ; New York : Cambridge University Press, 2010.Description: 1 online resource (xlii, 390 pages) : illustrationsContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780511860461
  • 0511860463
  • 9780511675843
  • 0511675844
  • 9780511857850
  • 0511857853
  • 9781107697669
  • 1107697662
Subject(s): Genre/Form: Additional physical formats: Print version:: Non-discrimination in international trade in services.DDC classification:
  • 382/.92 22
LOC classification:
  • HD9980.6 .D54 2010eb
Online resources:
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.
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"--Provided by publisher
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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"--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.

Print version record.

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