Download or read book Service Provision and Migration written by Simon J. Tans and published by BRILL. This book was released on 2017-07-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how liberalization of service provision related to movement of natural persons takes shape within EU and WTO law. It provides an overview and analysis of the implementation of the identified obligations derived from EU law and the GATS in the Dutch legal order and that of the United Kingdom. A thorough investigation of the chosen strategies in each legal order is provided, including a comparison of the differences and similarities between these strategies. The resulting overview leads to insight into the tension that exists between the international obligations related to service mobility of the two investigated states on the one hand, and their migration law and access to the labour market legislation on the other.
Download or read book Services Liberalization in the EU and the WTO written by Marcus Klamert and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Services liberalization is just as much a hot potato within the European Union as it is within the WTO. In this work Markus Klamert offers a stimulating examination of how the EU and the WTO have coped with market liberalization and with the development of regulatory standards. His analysis almost recalls the perceived relationship between the United Kingdom and the United States (two nations divided by a common language). While the EU and WTO regimes display manifest differences, the language of market access, discrimination, justifi cation and harmonization can be seen as being hewn from the same roots. This work seeks to lift the veil of ignorance about these similarities and to encourage more cross-fertilization than has hitherto occurred"--
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 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 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 352 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 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 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 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 Preferentialism in Services Trade written by Johanna Jacobsson and published by . This book was released on 2016 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis focuses on the liberalization of services in the context of preferential trade agreements (PTAs). The first part develops an interpretation of Article V of the General Agreement on Trade in Services (GATS) that regulates the conclusion of the so-called economic integration agreements (EIAs). It is argued that in the context of preferentialism, the GATS does not impose any market access discipline but aims at creating a non-discriminatory trading environment. Special attention is paid to Mode 4 and to the type of liberalization that it covers. In the second part of the thesis the main elements of Article V GATS (sectoral/modal coverage and non-discrimination) are employed to conduct an empirical analysis of EIAs. The chosen sample includes four of the European Union’s international trade agreements that feature significant services liberalization. The services schedules of these four agreements are reviewed and rated to find out their level of liberalization. In the context of the EU, its services commitments continue, to a large extent, to be determined individually by its Member States. As the thesis shows, significant variations still exist among different Member States both in horizontal and sector-specific commitments. The thesis connects the EU’s internal situation to the wider issue of how deep EIAs should be in order to escape claims of non-compliance. It asks the question of how the exact coverage and level of non-discrimination should be assessed in a situation where commitments vary across different states or regions of the same contracting party. No clear answer can be provided but the thesis proposes that in order to be in line with its international obligations, the EU, as well as any WTO Member with internally divided regulatory powers in services, should ensure that when signing EIAs, the commitments of all Member States (or, in the case of other WTO Members, all states/regions/other entities with regulatory powers in services) reach the GATS threshold of substantiality in their level of liberalization.
Download or read book Domestic Regulation and Service Trade Liberalization written by Pierre Sauve and published by World Bank Publications. This book was released on 2003-08-29 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Trade Liberalization Competition and the WTO written by Chris Milner and published by Edward Elgar Publishing. This book was released on 2002 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twelve chapters, presented by Milner (international economics, U. of Nottingham, UK) and Read (international economics, U. of Lancaster, UK), argue for the extension of the power of the WTO over policy areas and beyond border trade measures and analyze how to implement this agenda. Under the heading of trade liberalization, a group of chapters explore issues of market access in manufactures and agricultural goods on a multilateral or regional basis. Other contributions look at the links between competition and other industrial policies or interventions. Finally, contributors focus more specifically on the structure and actions of the World Trade Organization in policing the neoliberal system. The general tone of the work is uncritical and unquestioning acceptance of the WTO's agenda, with an occasional comment slipping in about possible harms to the world's poor. Annotation copyrighted by Book News, Inc., Portland, OR
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.
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 WTO Domestic Regulation and Services Trade written by Aik Hoe Lim and published by Cambridge University Press. This book was released on 2014-03-13 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
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 The Preferential Liberalization of Trade in Services written by Pierre Savu_ and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an important gap in the trade literature by offering¾ a comprehensive cross-regional comparison of approaches to preferential market opening and rule-making in the area of trade in services. Chronicling the spectacular recent rise o
