Regulatory Autonomy and International Trade in Services PDF Download

Author: Bregt Natens
Publisher: Edward Elgar Publishing
ISBN: 1785364316
Category : Law
Languages : en
Pages : 352

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Book Description
This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.

Author: Andrew D. Mitchell
Publisher: Edward Elgar Publishing
ISBN: 1785368176
Category : Law
Languages : en
Pages : 259

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Book Description
Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Author: Markus Krajewski
Publisher: Kluwer Law International B.V.
ISBN: 9041121412
Category : Law
Languages : en
Pages : 270

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Book Description
Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.

Author: Marion Panizzon
Publisher: Cambridge University Press
ISBN: 9780521896887
Category : Law
Languages : en
Pages : 680

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Book Description
This collection of essays takes stock of the key challenges that have arisen since the entry into force of the General Agreement on Trade in Services in the mid-1990s and situates them in the context of the WTO's Doha Development Agenda and the proliferation of preferential agreements addressing services today. The multidisciplinary approach provides an opportunity for many of the world's leading experts and a number of new analytical voices to exchange ideas on the future of services trade and regulation. Cosmopolitan approaches to the treatment of labour mobility, the shape of services trade disciplines in the digital age and pro-competitive regulation in air transport are explored with a view to helping readers gain a better understanding of the forces shaping the changes. An essential read for all those concerned with the evolution of the rules-based trading system and its impact on the service economy.

Author: Aik Hoe Lim
Publisher: Cambridge University Press
ISBN: 1107062357
Category : Business & Economics
Languages : en
Pages : 395

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Book Description
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.

Author: Tania Voon
Publisher:
ISBN:
Category :
Languages : en
Pages : 31

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Book Description
Trade in services can take many forms (or 'modes'), such as cross-border delivery, or delivery by a commercial presence in a foreign country. Unlike tariffs or quantitative restrictions on goods, which are imposed at the border, barriers to trade in services are more commonly found 'behind the border', through domestic regulation of services industries. This article reviews Australia's obligations to liberalise trade in services under its preferential trade agreements, against the background of its obligations under the World Trade Organization's General Agreement on Trade in Services (GATS). Australia has an evident desire to liberalise trade in services as well as sensibilities about domestic regulatory autonomy in the services context. The tension between these different interests is reflected in the ongoing development of Australia's treaty practice in this field. The article summarises core obligations and exceptions under Australia's treaties, highlighting the need for progressive liberalisation and the possibility and desirability of reducing some exceptions over time. The article distinguishes 'positive' and 'negative' list obligations and Australia's approach thereto, while also raising questions as to the consistency of Australia's preferential trade agreements with the GATS, particularly as regards 'GATS-minus' provisions.

Author: Pierre Sauve
Publisher: World Bank Publications
ISBN: 0821383434
Category : Political Science
Languages : en
Pages : 246

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Book Description
Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

Author: Isidora Maletić
Publisher: Edward Elgar Publishing
ISBN: 9781800886674
Category :
Languages : en
Pages : 288

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Book Description
Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting. The book analyses the directive's contribution to the fundamental freedoms and to the completion of the internal market, with particular focus on the remit of EU and national regulatory autonomy and general interests protection in the context of positive harmonisation. Through the lens of the directive, the study evaluates the status of EU integration and appraises the resilience of the internal market regulatory paradigm, including the interaction between primary and secondary law and the effectiveness of administrative law reinforcement, for the governance of the modern economy, as well as exploring more broadly the import and international influence of EU trade regulation. The book considers a variety of policy themes, including the relationship between national autonomy and supranational competence; the interaction of economic advancement and related general interests, such as environmental and consumer protection; market harmonisation techniques and enforcement challenges, along with potential mechanisms for regulatory enhancement. Discussing a central legal and economic framework for the regulation of trade in services, from regulatory, constitutional and policy perspectives, this book will be of significant interest to students, academics, practitioners and officials on European Union policy and law, as well as to anyone interested more generally in business regulation in evolving technological contexts, international trade law and comparative market integration themes.

Author: United Nations Conference on Trade and Development. Trade and Development Board
Publisher:
ISBN:
Category : Commercial products
Languages : en
Pages : 22

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Book Description

Author: Mary McAllister Shepro
Publisher:
ISBN:
Category :
Languages : en
Pages : 69

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Book Description
This note addresses the interplay of trade liberalization and financial services regulation -- namely the key issue of the United States' prudential regulation of financial services and its linkage to commitments made under the General Agreement on Trade in Services and free trade agreements. Focusing on the prudential carve-out exception present in the GATS, and nearly all of the United States' liberalization commitments, this Note suggests that the prudential carve-out is over-inclusive and thus well insulates the US from challenges to its prudential framework. This Note also argues that the United States is further protected from challenges to its national regulatory autonomy due to the political economy surrounding the WTO and its limited judgment-enforcing powers.