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Author: Marcus Klamert
Publisher: Cambridge University Press
ISBN: 1107034590
Category : Business & Economics
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: 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: Marcus Klamert
Publisher: Cambridge University Press
ISBN: 1107034590
Category : Business & Economics
Languages : en
Pages : 357
Get Book Here
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: Johanna Jacobsson
Publisher: Cambridge University Press
ISBN: 1108476163
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
An in-depth analysis of the legal criteria that the WTO sets for preferential trade agreements in the area of services.
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: Rhea Tamara Hoffmann
Publisher: Springer Nature
ISBN: 3030469557
Category : Law
Languages : en
Pages : 279
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Book Description
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.
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: Gilles Muller
Publisher: Kluwer Law International B.V.
ISBN: 9041148795
Category : Law
Languages : en
Pages : 505
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Book Description
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.
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: Aaditya Mattoo
Publisher: World Bank Publications
ISBN: 0821354086
Category : Business & Economics
Languages : en
Pages : 246
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Book Description
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?.
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.
