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Non-Discrimination in International Trade in Services

Download or Read eBook Non-Discrimination in International Trade in Services PDF written by Nicolas F. Diebold and published by Cambridge University Press. This book was released on 2010-10-21 with total page pages. Available in PDF, EPUB and Kindle.
Non-Discrimination in International Trade in Services
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Publisher : Cambridge University Press
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ISBN-10 : 9781139492126
ISBN-13 : 1139492128
Rating : 4/5 (26 Downloads)

Book Synopsis Non-Discrimination in International Trade in Services by : Nicolas F. Diebold

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.


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Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.
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