Download or read book Services Liberalization in the EU and the WTO written by Marcus Klamert and published by Cambridge University Press. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.
Download or read book Service Provision and Migration written by Simon J. Tans and published by BRILL. This book was released on 2017-07-27 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Service Provision and Migration provides a thorough overview of EU and WTO service trade liberalization related to movement of natural persons (GATS Mode 4) and the implementation of the resulting obligations within Dutch and UK immigration law.
Download or read book Preferential Services Liberation written by Johanna Jacobsson and published by Cambridge University Press. This book was released on 2019-12-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the legal criteria that the WTO sets for preferential trade agreements in the area of services.
Download or read book EU and WTO Regulatory Frameworks written by Mary Farrell and published by . This book was released on 1999 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charts the development of the World Trade Organisation, and examines its role as regulator of the international trading system. The management of the trade policies of the 132 member countries so as to ensure compliance with the principles of trade liberalisation lies at the heart of the WTO's mandate. However, under the extended powers granted to the WTO as a result of the Uruguay Round settlement, in both trade liberalisation and dispute settlement, there lies ample ground for conflicts with the European Union's commercial policy. Mary Farrell considers whether the WTO is likely to impose constraints on EU commercial policy and thereby impinge on the sovereignty of the union as a whole, or whether the EU may continue to operate independently and in coexistence with the trade liberalisation agenda of the WTO.
Download or read book Regulatory Autonomy and International Trade in Services written by Bregt Natens and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Universal Service in WTO and EU law written by Olga Batura and published by Springer. This book was released on 2015-10-07 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.
Download or read book Coherence and Divergence in Services Trade Law written by Rhea Tamara Hoffmann and published by Springer Nature. This book was released on 2020-07-23 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.
Download or read book Services Policies in Transition Economies written by Felix Eschenbach and published by World Bank Publications. This book was released on 2006 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The authors analyze the extent to which the EU-15 and 16 transition economies used the WTO General Agreement on Trade in Services (GATS) to commit to service sector policy reforms. They compare GATS commitments with the evolution of actual policy stances over time. While there is substantial variance across transition economies on both actual policies and GATS commitments, the authors find an inverse relationship between the depth of GATS commitments and the "quality" of actual services policies as assessed by the private sector. In part this can be explained by the fact that the prospect of EU accession makes GATS less relevant as a commitment device for a subset of transition economies. But for many of the non-EU accession candidates, the WTO seems to be a weak commitment device. One explanation is that the small size of the markets concerned generates weak external enforcement incentives. The authors' findings suggest greater collective investment by WTO members in monitoring and the need for transparency to increase the benefits of WTO membership to small countries. "--World Bank web site.
Download or read book Domestic Regulation and Service Trade Liberalization written by Aaditya Mattoo and published by World Bank Publications. This book was released on 2003-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text 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?.
Download or read book Liberalization of Trade in Legal Services written by Gilles Muller and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.
Download or read book The Regulation of International Trade Volume 3 written by Petros C. Mavroidis and published by MIT Press. This book was released on 2020-11-24 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.
Download or read book Liberalising Trade in the EU and the WTO written by Sanford E. Gaines and published by Cambridge University Press. This book was released on 2012-08-02 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.
Download or read book Regulating Trade in Services in the EU and the WTO written by Ioannis Lianos and published by Cambridge University Press. This book was released on 2012-03-22 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.
Download or read book GATS 2000 written by Pierre Sauve and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Center for Business and Government at Harvard University publication With the negotiation of the General Agreement on Trade in Services (GATS), the policies affecting access to, and conditions of competition in, service markets are today firmly rooted in the multilateral trading system. Written with policymakers and practitioners in mind, the essays in this volume address some of the most pressing questions arising in services trade today—some of which were not addressed by the first generation of GATS negotiators.
Download or read book Liberalizing Trade in Services written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2006 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: Since the mid 1980s a substantial amount of research has been undertaken on trade in services. Much of this is inspired by the World Trade Organization or regional trade agreements, especially the European Union, but an increasing number of papers focus on the impacts of services sector liberalization. This paper surveys the literature, focusing on contributions that investigate the determinants of international trade and investment in services, the potential gains from greater trade (and liberalization), and efforts to cooperate to achieve such liberalization through trade agreements. It concludes that there is increasing evidence that services liberalization is an important source of potential welfare gains, but relatively little research has been done that can inform the design of international cooperation-both trade agreements and development assistance-so as to more effectively promote development objectives.
Download or read book EU and WTO Law on Services written by Johan van de Gronden and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Union as an Actor in the General Agreement on Trade in Services Contents Chances and Risks of Negotiations written by Joanna Mastalerek and published by GRIN Verlag. This book was released on 2005-02-14 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Politics - Topic: European Union, grade: A, Jagiellonian University in Krakow (Europaeistik), course: The Common Market and International Commerce, language: English, abstract: In 1994, the majority of countries which founded the WTO in 1995, concluded a first general agreement on the liberalization of services (GATS). Within the framework of the General Agreement on Trade in Services (GATS) liberalization in international trade of services is supposed to be negotiated progressively 1 . Among 12 service subsectors, education is explicitly featured in GATS. However, before the inclusion of education in the Service Round negotiations as part of the Doha Round in the year 2000, educational services did not draw much attention. One reason being the strong underestimation of their market shares. The EU, as one of the Contracting Parties of the GATS, has already agreed at the Uruguay Round in 1994, to guarantee free access and non-discrimination for foreign competitors in almost the entire education sector, that consists of primary, secondary, tertiary education as well as adult education. Until 2005 the ongoing Doha Round scheduled further liberalization of educational services and thus the EU is likely to be under the pressure to even further liberalize its education sector. Since large parts of the education sector in the EU belong to public service, liberalization of educational services is a subject of heated debate. Neoliberal economists and politicians view the privatization of public services as the best way to increase both efficiency and the benefit for all members of the society. Anti-globalization activists fear the loss of public control over essential public services and regard the society as exposed to the ruthless greed of gain by multinational companies. Moreover the anti-globalization activists complain about the redefinition of educational services as a profitable product. The international trade of educational services thus remains a highly controversial issue, causing the necessity for careful deliberation of the particular contents, chances and risks of the liberalization of educational services. This essay will take up this kind of deliberation, explaining the relevance of educational services in international trade and the significance of education as a public service.
