Non-Discrimination in International Trade in Services

Nicolas F. Diebold is Professor of Public and Economic Law at the University of Lucerne. He studied law at the Universities of Geneva and Zurich and he received an LL.M. degree from Duke Law School. Following his admissions to the bar in New York and Switzerland, Nicolas graduated with a PhD in Law from the University of Berne. He was a visiting scholar at Stanford Law School in 2008 and at Edinburgh Law School in 2014. Prior to this appointment as professor, Nicolas was head of internal market affairs at the Swiss Competition Commission in Berne.

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

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.