Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- List of Cases
- List of Legal Texts
- List of Documents
- Introduction
- PART I Foundations
- PART II Framing the conceptual breadth of ‘likeness’ in GATS
- PART III GATS specific ‘likeness’ issues
- PART IV Methodology for the ‘likeness’ analysis in GATS
- Bibliography
- Index
PART III - GATS specific ‘likeness’ issues
Published online by Cambridge University Press: 10 January 2011
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- List of Cases
- List of Legal Texts
- List of Documents
- Introduction
- PART I Foundations
- PART II Framing the conceptual breadth of ‘likeness’ in GATS
- PART III GATS specific ‘likeness’ issues
- PART IV Methodology for the ‘likeness’ analysis in GATS
- Bibliography
- Index
Summary
Whereas GATT rules on non-discrimination only apply to products and not to producers, non-discrimination obligations in GATS extend not only to the service itself, but also to the person or entity supplying the service. This particularity gives rise to a number of systemic and interpretative questions which are addressed in part III of the book. Chapter 9 first addresses the issues of why it is necessary in the services trade context to extend non-discrimination obligations to the supplier and how the supplier is defined under GATS. On this basis, chapter 10 identifies the interpretative consequences which the service–supplier correlation entails and determines the different interpretations which can be developed under the GATS ‘likeness’ analysis of Articles II and XVII. Chapter 11 analyses how different modes of supply and different methods of supply affect the ‘likeness’ analysis. Finally, chapter 12 summarizes part III and draws the relevant conclusions.
- Type
- Chapter
- Information
- Non-Discrimination in International Trade in Services‘Likeness' in WTO/GATS, pp. 175 - 176Publisher: Cambridge University PressPrint publication year: 2010