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

Abstract

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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