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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