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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: 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: 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: Aaditya Mattoo
Publisher: Oxford University Press
ISBN: 019923521X
Category : Business & Economics
Languages : en
Pages : 675
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Book Description
This title provides a comprehensive introduction to the key issues in trade and liberalization of services. Providing a useful overview of the players involved, the barriers to trade, and case studies in a number of service industries, this is ideal for policymakers and students interested in trade.
Author: Nicolas F. Diebold
Publisher: Cambridge University Press
ISBN: 1139492128
Category : Law
Languages : en
Pages :
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Book Description
The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.
Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407
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Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.
Author: Tom Christensen
Publisher: Edward Elgar Publishing
ISBN: 9781781956229
Category : Political Science
Languages : en
Pages : 426
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Book Description
This book focuses on regulatory reforms and the autonomization and agencification of public sector organizations across Europe, Canada, New Zealand and Australia. The central argument of the book is that regulation and agencification occur and perform in tandem. Comparative analysis on the processes, effects and implications of regulatory reform and the establishment of semi-independent agencies are undertaken, and the practice of trade-offs between political control and agency autonomy is explored. The contributors also discuss the challenges of fragmentation, coordination, 'joined-up' government and other government initiatives in the aftermath of the New Public Management movement and its focus on agencification. Finally, the complexity of deregulation/re-regulation, new emergent forms of regulation, control and auditing as well as reassertion of the centre are examined. Until now, there has been little attempt to link the study on regulation and regulatory reforms with that of autonomous central agencies. In this book the two fields are brought together. Autonomy and Regulation will find its audience amongst scholars and researchers working in the areas of political science, public administration and public management, organization theory, institutional analyses and comparative administration. It will also appeal to scholars and those directly involved in public sector and regulatory reforms including politicians and managers.
