Nicolas F. Diebold

Non-Discrimination in International Trade in Services (eBook, PDF)

'Likeness' in WTO/GATS

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 21. Oktober 2010
• Englisch
• ISBN-13: 9780511855269
• Artikelnr.: 38198210

Autorenporträt

Nicolas F. Diebold is Professor of Public and Economic Law at the University of Lucerne. He studied law at the Universities of Geneva and Zurich and he received an LL.M. degree from Duke Law School. Following his admissions to the bar in New York and Switzerland, Nicolas graduated with a PhD in Law from the University of Berne. He was a visiting scholar at Stanford Law School in 2008 and at Edinburgh Law School in 2014. Prior to this appointment as professor, Nicolas was head of internal market affairs at the Swiss Competition Commission in Berne.

Inhaltsangabe

Introduction
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.