GATS and the Regulation of International Trade in Services: World Trade Forum
by Edited by Marion Panizzon , Nicole Pohl , Pierre SauvéEdition: 1st
Format: Hardcover
Pub. Date: 2008-07-21
Publisher(s): Cambridge University Press
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Summary
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
| Contributors | p. ix |
| List of figures | p. xii |
| List of tables | p. xiii |
| List of abbreviations | p. xv |
| Preface | p. xix |
| Beyond regulatory control and multilateral flexibility: Gains from a cosmopolitan Gats | p. 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 GATS | p. 21 |
| South-South services trade | p. 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 countries | p. 111 |
| Comment: Is services trade like or unlike manufacturing trade? | p. 139 |
| The limits of request-offer negotiations: Plurilateral and alternative approaches to services liberalization | p. 143 |
| Services post-Hong Kong - initial experiences with plurilaterals | p. 145 |
| Negotiating approaches from a Member's perspective | p. 172 |
| Evaluating alternative approaches to GATS negotiations: Sectoral, formulae and others | p. 183 |
| Trade liberalisation under the Gats: An odyssey? | p. 209 |
| Gats case law: A first assessment | p. 223 |
| Lessons learned from litigating GATS disputes: Mexico - Telecoms | p. 225 |
| From Periodicals to Gambling: A review of systemic issues addressed by WTO adjudicatory bodies under the GATS | p. 236 |
| Specificities of WTO dispute settlement in services cases | p. 276 |
| Can foreign investors in services benefit from WTO dispute settlement? Legal standing and remedies in WTO and international arbitration | p. 296 |
| Market access, national treatment and domestic regulation | p. 325 |
| Some thoughts on the concept of 'likeness' in the GATS | p. 327 |
| Comment: The unbearable lightness of likeness | p. 358 |
| Towards a horizontal necessity test for services: Completing the GATS Article VI:4 mandate | p. 370 |
| Comment: Quis custodiet necessitatem? Adjudicating necessity in multilevel systems and the importance of judicial dialogue | p. 397 |
| Unfinished business: Safeguard and subsidy disciplines for services | p. 405 |
| Recognition, standardisation and harmonisation: Which rules for GATS in times of crisis? | p. 407 |
| A safeguards regime for services | p. 434 |
| Waiting for Godot: Subsidy disciplines in services trade | p. 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 trade | p. 495 |
| Trade rules for the digital age | p. 497 |
| Comment: Digital trade: Technology versus legislators | p. 530 |
| How human rights violations nullify and impair GATS commitments | p. 534 |
| Comment: The instrumental rationale for protecting human rights in the context of trade services reform | p. 561 |
| In pursuit of the cosmopolitan vocation for trade: GATS and aviation services | p. 566 |
| Conclusion | p. 597 |
| Been there, not yet done that: Lessons and challenges in services trade | p. 599 |
| Index | p. 632 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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