Non-Discrimination in International Trade in Services
‘Likeness' in WTO/GATS

This analysis of the legal issues of non-discrimination obligations in WTO/GATS focuses on the comparability of services and suppliers.

Nicolas F. Diebold (Author)

9781107697669, Cambridge University Press

Paperback / softback, published 2 January 2014

434 pages, 7 b/w illus.
22.9 x 15.2 x 2.2 cm, 0.58 kg

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.

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.

Subject Areas: Competition law / Antitrust law [LNCH], International economic & trade law [LBBM], International economics [KCL]