Non-Discrimination in International Trade in Services
Author | : Nicolas F. Diebold |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-10-21 |
ISBN-10 | : 9781139492126 |
ISBN-13 | : 1139492128 |
Rating | : 4/5 (26 Downloads) |
Book excerpt: 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.