Non-discrimination in international trade in services : 'likeness' in WTO/GATS
著者
書誌事項
Non-discrimination in international trade in services : 'likeness' in WTO/GATS
（Cambridge international trade and economic law）
Cambridge University Press, 2013, c2010
- : pbk
- タイトル別名
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Non-discrimination in international trade in services : "likeness" in WTO/GATS
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注記
"First paperback edition 2013"--T.p. verso
Includes bibliographical references (p. 357-381) and index
内容説明・目次
内容説明
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.
目次
- 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.
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