Non Discrimination In International Trade In Services
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Non Discrimination In International Trade In Services
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Author : Nicolas F. Diebold
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-21
Non Discrimination In International Trade In Services written by Nicolas F. Diebold and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-21 with Law categories.
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.
Non Discrimination In International Trade In Services
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Author : Nicolas F. Diebold
language : en
Publisher:
Release Date : 2014-05-14
Non Discrimination In International Trade In Services written by Nicolas F. Diebold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with BUSINESS & ECONOMICS categories.
This analysis of the legal issues of non-discrimination obligations in WTO/GATS focuses on the comparability of services and suppliers.
Non Discrimination And Trade In Services
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Author : Catherine A. Brown
language : en
Publisher: Springer
Release Date : 2017-05-02
Non Discrimination And Trade In Services written by Catherine A. Brown and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with Law categories.
This book argues that the proliferation of global trade and the increasing power of free trade arrangements leave income taxes as one of the few remaining measures that can potentially be used for protectionist purposes. It analyzes the interaction between the non-discrimination principles in tax treaties and trade-related agreements including multilateral (WTO), regional (NAFTA, AANZTA) and bilateral free trade agreements. The absence of a non-discrimination obligation with respect to tax measures that apply to non-resident service providers and to non-resident services may, therefore, significantly undermine trade obligations. The book clearly reveals how these tax barriers to trade may unfairly or unnecessarily restrict trade in services, and puts forward a new, more effective non-discrimination obligation in tax matters to be included in tax treaties, one that would more closely parallel the non-discrimination obligations in trade agreements. The book examines the concept of non-discrimination in tax matters from several perspectives, specifically a North American and Australian perspective, as well as a perspective based on EU (and UK) law, focusing on the interaction between these legal systems, bilateral tax treaties, regional trade agreements and, where relevant, the General Agreement on Trade in Services (GATS). The book explores the possibility of a reciprocal influence between tax treaties and trade agreements, and poses the question as to whether tax treaties might do more in providing a non-discrimination principle in the cross-border trade in services./div
The Law And Policy Of The World Trade Organization
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Author : Peter Van den Bossche
language : en
Publisher: Cambridge University Press
Release Date : 2005-06-10
The Law And Policy Of The World Trade Organization written by Peter Van den Bossche and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-10 with Law categories.
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law
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Author : Thomas Cottier
language : en
Publisher: University of Michigan Press
Release Date : 2000-03-08
Regulatory Barriers And The Principle Of Non Discrimination In World Trade Law written by Thomas Cottier and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03-08 with Business & Economics categories.
Papers presented at the second annual World Trade Forum Conference held in Neuchâtel, Switzerland, on August 28-29, 1998.
Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law
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Author : Andrew D. Mitchell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-12-30
Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law written by Andrew D. Mitchell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Business & Economics categories.
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Regulatory Autonomy And International Trade In Services
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Author : Bregt Natens
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
Regulatory Autonomy And International Trade In Services written by Bregt Natens and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Law categories.
This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.
The World Trade Organization And Trade In Services
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Author : Kern Alexander
language : en
Publisher: BRILL
Release Date : 2008
The World Trade Organization And Trade In Services written by Kern Alexander and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature. The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business. Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers andpractitioners.
Non Discrimination In The World Trade Organization
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Author : William J. Davey
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-07-04
Non Discrimination In The World Trade Organization written by William J. Davey and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-04 with Social Science categories.
International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.
Concepts Of Trade Diplomacy And Trade In Services
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Author : Rodney de C. Grey
language : en
Publisher:
Release Date : 1990
Concepts Of Trade Diplomacy And Trade In Services written by Rodney de C. Grey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Commercial policy categories.
Since the early 1980s, governments have been discussing how to set about liberalizing international trade in services such as banking, insurance, civil aviation, shipping, data processing, construction, telecommunications, tourism and the professions. Hitherto, the liberalization of trade through successive 'rounds' of multilateral negotiations under the auspices of the General Agreement on Tariffs and Trade (GATT), through regional groupings and through bilateral arrangements has been concerned almost exclusively with trade in goods. Trying to extend the liberalizing process to trade in services came to a head in the Uruguay Round negotiations that got under way in Geneva in 1987. What governments are negotiating first of all is a framework of principles, rules and procedures that would provide a basis on which restrictions on trade in services can be liberalized and would provide, too, a stable environment in which trade in services can develop internationally. In this Thames Essay, Rodney de C. Grey explores the applicability of trade in services of existing trade rules and principles, or concepts of commercial diplomacy. By these are meant the provisions of the GATT, of treaties of friendship, commerce and navigation, of codes agreed in inter-governmental organizations et cetera. The essay discusses national and MFN treatment, reciprocity, safeguards, dispute settlement and other elements of trade agreements.