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

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Summary

This analysis of the legal issues of non-discrimination obligations in WTO/GATS focuses on the comparability of services and suppliers.

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Introduction
Foundations
Objective and forms of non-discrimination
Particularities of trade in services and GATS
Legal elements of non-discrimination obligations
Concluding summary: reconciling the three elements
Framing the Conceptual Breadth of 'Likeness' in GATS
'Likeness' in national treatment
'Likeness' in MFN treatment
Comparative analysis of 'likeness'
Concluding summary: economic standard
GATS-Specific 'Likeness' Issues
The scope of GATS rules on non-discrimination
'Likeness' across 'services' and 'suppliers'
'Likeness' across 'methods' and 'modes' of supply
Concluding summary: merged test and cross-over 'likeness'
Methodology for the 'Likeness' Analysis in GATS
The border tax adjustments framework
Applying market definition theories to 'likeness'
The PPM problem in the GATS 'likeness' context
Concluding summary: substitutability framework
Summary of conclusions
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