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

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

by Nicolas F. Diebold


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Product Details

ISBN-13: 9781107697669
Publisher: Cambridge University Press
Publication date: 01/02/2014
Series: Cambridge International Trade and Economic Law
Pages: 434
Product dimensions: 5.98(w) x 9.02(h) x 0.87(d)

About the Author

Nicolas F. Diebold is Professor of Public and Economic Law at the University of Lucerne. He studied law at the Universities of Geneva and Zurich and he received an LL.M. degree from Duke Law School. Following his admissions to the bar in New York and Switzerland, Nicolas graduated with a PhD in Law from the University of Berne. He was a visiting scholar at Stanford Law School in 2008 and at Edinburgh Law School in 2014. Prior to this appointment as professor, Nicolas was head of internal market affairs at the Swiss Competition Commission in Berne.

Table of Contents

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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