Non-Discrimination in International Trade in Services : ‘Likeness' in 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.