Non-Discrimination in International Trade in Services }}}Likeness' in WTO/GATS [Paperback]

This analysis of the legal issues of non-discrimination obligations in WTO/GATS focuses on the comparability of services and suppliers.Practitioners in international organizations, trade ministries and law firms will appreciate this analysis of currently unresolved and technical legal problems posed by non-discrimination obligations in agreements on international trade in services (WTO/GATS).Practitioners in international organizations, trade ministries and law firms will appreciate this analysis of currently unresolved and technical legal problems posed by non-discrimination obligations in agreements on international trade in services (WTO/GATS).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 treatmenl³@