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Diebold, Nicolas F. Non-Discrimination in International Trade in Services eBook

Non-Discrimination in International Trade in Services

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Imprint: Cambridge University Press

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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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Title of Business & Economics eBook: Non-Discrimination in International Trade in Services
Release Date: 10-21-2010
Publisher: Cambridge University Press

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Parent title Non-Discrimination in International...
Encrypted (DRM) Yes
SKU 9780511855269
File size 4162
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