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A distinction without a difference : determining the boundary between goods and services in the WTO and the European Union
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Smith, Fiona and Woods, Lorna (2005) A distinction without a difference : determining the boundary between goods and services in the WTO and the European Union. Columbia Journal of European Law, 12 (1). pp. 1-51. ISSN 1076-6715 .
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Official URL: http://www.cjel.net/print/12_1-smith/
Abstract
In many legal systems distinctions are made between “goods” and “services” with different regimes applying. The underlying issue is how to determine where the boundary between the two lies. Different imperatives drive this decision at the national and international level. At the national level, policy concerns may not be problematic because the rationale for the decision can be imposed by the “state.” The legitimacy of the state in this context rarely arises therefore. This is not the case at the international level, where the perception of those subject to the rules, or, in the context of an international organization, its members, is as relevant as the rule structure. Interpretation of international rules is therefore driven by the underlying rationale of the rule drafters and by the need to ensure the continued legitimacy of the rules themselves.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Columbia Journal of European Law | ||||
Publisher: | The Sheridan Press | ||||
ISSN: | 1076-6715 | ||||
Official Date: | 2005 | ||||
Dates: |
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Volume: | 12 | ||||
Number: | 1 | ||||
Page Range: | pp. 1-51 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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