GATS and the Regulation of International Trade in Services: World Trade Forum

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  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2008-07-21
  • Publisher: Cambridge University Press

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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.

Table of Contents

Contributorsp. ix
List of figuresp. xii
List of tablesp. xiii
List of abbreviationsp. xv
Prefacep. xix
Beyond regulatory control and multilateral flexibility: Gains from a cosmopolitan Gatsp. 1
Testing regulatory autonomy, disciplining trade relief and regulating variable peripheries: Can a cosmopolitan Gats do it all?p. 3
Unexplored economic, political and judicial dimensions of GATSp. 21
South-South services tradep. 23
The race towards preferential trade agreements in services: How much market access is really achieved?p. 77
Rules of origin in services: A case study of five ASEAN countriesp. 111
Comment: Is services trade like or unlike manufacturing trade?p. 139
The limits of request-offer negotiations: Plurilateral and alternative approaches to services liberalizationp. 143
Services post-Hong Kong - initial experiences with plurilateralsp. 145
Negotiating approaches from a Member's perspectivep. 172
Evaluating alternative approaches to GATS negotiations: Sectoral, formulae and othersp. 183
Trade liberalisation under the Gats: An odyssey?p. 209
Gats case law: A first assessmentp. 223
Lessons learned from litigating GATS disputes: Mexico - Telecomsp. 225
From Periodicals to Gambling: A review of systemic issues addressed by WTO adjudicatory bodies under the GATSp. 236
Specificities of WTO dispute settlement in services casesp. 276
Can foreign investors in services benefit from WTO dispute settlement? Legal standing and remedies in WTO and international arbitrationp. 296
Market access, national treatment and domestic regulationp. 325
Some thoughts on the concept of 'likeness' in the GATSp. 327
Comment: The unbearable lightness of likenessp. 358
Towards a horizontal necessity test for services: Completing the GATS Article VI:4 mandatep. 370
Comment: Quis custodiet necessitatem? Adjudicating necessity in multilevel systems and the importance of judicial dialoguep. 397
Unfinished business: Safeguard and subsidy disciplines for servicesp. 405
Recognition, standardisation and harmonisation: Which rules for GATS in times of crisis?p. 407
A safeguards regime for servicesp. 434
Waiting for Godot: Subsidy disciplines in services tradep. 466
Comment: One set of rules for fair and unfair trade in services: A possible merger?p. 489
Challenges to the scope of GATS and cosmopolitan governance in services tradep. 495
Trade rules for the digital agep. 497
Comment: Digital trade: Technology versus legislatorsp. 530
How human rights violations nullify and impair GATS commitmentsp. 534
Comment: The instrumental rationale for protecting human rights in the context of trade services reformp. 561
In pursuit of the cosmopolitan vocation for trade: GATS and aviation servicesp. 566
Conclusionp. 597
Been there, not yet done that: Lessons and challenges in services tradep. 599
Indexp. 632
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