By Nicolas F. Diebold
The main of non-discrimination is key to the rules of foreign alternate in items and companies. within the context of alternate in items, the idea that of 'like items' has turn into a key component of the felony research of no matter if a alternate problem violates GATT non-discrimination responsibilities. The similar proposal of 'like prone and repair providers' in GATS ideas on non-discrimination has bought little consciousness in WTO jurisprudence. In gentle of the remainder uncertainties, Nicolas Diebold analyses the felony difficulties of the GATS 'like companies and prone providers' thought utilizing a contextual and comparative method. The 'likeness' point isn't analysed in isolation, yet in context with 'less beneficial therapy' and regulatory goal as extra parts of non-discrimination. The e-book additionally explores how some distance theories from non-discrimination ideas in GATT, NAFTA, BITs and EC in addition to industry definition theories from festival legislation might be utilized to 'likeness' in GATS.
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Extra info for Non-Discrimination in International Trade in Services: 'Likeness' in WTO GATS (Cambridge International Trade and Economic Law (No. 4))
While the primary aim is to explore the ‘likeness’ concept as it applies in GATS, the comparative analysis – by identifying different techniques applied to the same problems in related fields – also highlights potential issues for the adoption and modelling of future non-discrimination obligations in international economic law. When identifying the comparators to the ‘likeness’ concept in GATS rules on non-discrimination, the most obvious approach is to consider other non-discrimination obligations under the WTO framework.
19; Howse and Tuerk, ‘WTO Negotiations on Services’, 3–4. 6 Non-discrimination in international trade trade law and other legal disciplines, such as environmental law, labour law, human rights, animal welfare or consumer protection. The question of whether foreign goods or services produced to the detriment of human rights, labour standards or the environment are ‘like’ domestically produced goods or services of a ‘higher standard’ is crucial with regard to the regulatory autonomy of WTO Members to adopt regulations restricting the sale of such ‘low standard’ goods or services in order to protect its own societal values.
1, 11 April 2003. General Council, Doha Work Programme, WT/L/579, 1 August 2004. Working Party on Domestic Regulation, Definitions of Qualification Requirements, Qualification Procedures, Licensing Requirements, Licensing Procedures and Technical Standards, Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, S/WPDR/W/37, 6 October 2005. Negotiating Group on Rules, Draft Consolidated Chair Texts of the AD and SCM Agreements, TN/RL/W/213, 30 November 2007. European Union Documents European Commission, XXVIIth Report on competition policy (1997), para.
Non-Discrimination in International Trade in Services: 'Likeness' in WTO GATS (Cambridge International Trade and Economic Law (No. 4)) by Nicolas F. Diebold