'Like Products' in International Trade Law

'Like Products' in International Trade Law : Towards a Consistent GATT/WTO Jurisprudence

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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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Product details

  • Hardback | 288 pages
  • 162 x 242 x 21mm | 539g
  • Oxford, United Kingdom
  • English
  • New
  • numerous figures
  • 0199260788
  • 9780199260782

Table of 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
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Review quote

Choi's study makes an important contribution to the task of ascertaining the likeness of two products under trade law and is a valuable addition to the emerging literature of economic analysis of international trade law. * The American Journal of International Law * The puzzle of what "like products" are, or should be, continues to motivate new trade law scholarship. 'Like Products' in International Trade Law is a significant contribution to that literature. * The American Journal of International Law * ... an impressive and stimulating contribution to the analysis of one of the most important issues of international trade law ... the book undoubtedly provides much "food for thought" for anyone interested in the future f the international trading system and its conclusions deserve a lot of attention not only in Geneva. * The King's College Law Journal * Professor Won-Mog Choi's book on "like" products in world trade law will be met with great interest by academics and practitioners working in international trade law alike. The study is an important and valuable contribution to an aspect of trade law, which has not received a thorough academic analysis until now. * The King's College Law Journal *
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About Won-Mog Choi

Won-Mog Choi is Professor of International Trade Law at Ewha Womans University, Korea
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