The obligations of international trade law hinge upon the question of what constitute ‘like products’. Trade disputes will often involve an examination of whether the products in question are in competition with one another. The most common term used for this test is to ask whether they are ‘like products’ — that is, to ask whether products are sufficiently similar for consumers to see them as substitutable — and thus whether they are subject to the rules of the World Trade Organization (WTO) and General Agreement on Tariffs and Trade (GATT). The central thesis of this book is that despite the centrality of the principle of ‘like products’ to the WTO, it has not been consistently interpreted, and therefore the risk of discriminatory practice remains. The author, through analyzing legal and economic arguments, sets about defining the concept of ‘like products’ in such a way as to consistently give effect to WTO aims.
Bibliography, etc. Note
Includes bibliographical references (pages 166-259) and index.
Formatted Contents Note
I. Relationship between law and economics: does 'Rubicon' exist between them? Types of law and economics ; constraints of discretion, justification and acceptability II. Applying the relationship to GATT law: across the Rubicon! Conceptual classification of relationship between goods ; Evidential elements to define likeness or substitutability: 'general', 'market-based', 'potential' end-use ; Analytical framework for likeness or substitutability analysis III. Progressive interpretation of 'like' and 'directly competitve or substitutable' products in the provisions of the GATT/WTO agreement: playing the accordion! Non-discrimination provisions ; Fair trade provisions ; Others IV. Conclusion.