Non-Discrimination in International Trade in Services by Nicolas F Diebold

Non-Discrimination in International Trade in Services by Nicolas F Diebold

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Summary

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).

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Non-Discrimination in International Trade in Services by Nicolas F Diebold

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.
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.
SKU Unavailable
ISBN 13 9780521191869
ISBN 10 0521191866
Title Non-Discrimination in International Trade in Services
Author Nicolas F Diebold
Series Cambridge International Trade And Economic Law
Condition Unavailable
Binding Type Hardback
Publisher Cambridge University Press
Year published 2010-10-21
Number of pages 432
Prizes Winner of Paul Guggenheim Prize 2011
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
Note Unavailable