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Author: Simon J. Tans
Publisher: BRILL
ISBN: 900433680X
Category : Law
Languages : en
Pages : 482
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Book Description
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.
Author: Simon J. Tans
Publisher: BRILL
ISBN: 900433680X
Category : Law
Languages : en
Pages : 482
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Book Description
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.
Author: Birgitte Egelund Olsen
Publisher: Kluwer Law International B.V.
ISBN: 9041141952
Category : Law
Languages : en
Pages : 515
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Book Description
The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.
Author: Marcus Klamert
Publisher: Cambridge University Press
ISBN: 1316062414
Category : Law
Languages : en
Pages : 357
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Book Description
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.
Author: Olga Batura
Publisher: Springer
ISBN: 9462650810
Category : Law
Languages : en
Pages : 309
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Book Description
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.
Author: Johan van de Gronden
Publisher:
ISBN: 9789041128096
Category : Foreign trade regulation
Languages : en
Pages : 0
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Book Description
This examination of tensions emerging between the goals of the European market and general interest objectives at the level of the Member States fills a need for lawyers, policymakers, officials, and academics striving to clarify and formulate effective principles and rules in this area of the European and global economies
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 1788977416
Category : LAW
Languages : en
Pages : 352
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Book Description
This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.
Author: Sanford E. Gaines
Publisher: Cambridge University Press
ISBN: 1139560603
Category : Law
Languages : en
Pages : 521
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Book Description
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.
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: Gráinne de Búrca
Publisher: Bloomsbury Publishing
ISBN: 1847310397
Category : Law
Languages : en
Pages : 342
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Book Description
The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.
Author: Luigi F. Pedreschi
Publisher: Springer Nature
ISBN: 9462653836
Category : Law
Languages : en
Pages : 291
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Book Description
This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in “internal” EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.
