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Like Products in International Trade Law

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Won-Mog ChoiProfessor of International Trade Law, Ewha Womans University, Seoul, South Korea

ISBN13: 9780199260782
ISBN: 0199260788
Published: July 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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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 WTO and 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.

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Subjects:
International Trade
Contents:
1. The Relationship Between Law and Economics: The Divide
Types of Law and Economics
Constraints of Discretion, justification and Acceptability
2. Applying the Relationship to GATT Law: Across the Divide
Conceptual Classification of Relationship Between Goods
Evidential Elements to Define Likeness or Substitutability
Analytical Framework for Likeness or Substitutability Analysis
3. Progressive Interpretation of 'Like' and 'Directly Competitve or Substitutable' Products
Non-discrimination Provisions
Fair Trade Provisions
Others
4. Conclusion