GATS and the regulation of international trade in services / edited by Marion Panizzon, Nicole Pohl and Pierre Sauvé.

Format:

Book

Contributor:

Panizzon, Marion, editor.

Pohl, Nicole, 1974- editor.

Sauvé, Pierre, 1959- editor.

Language:

English

Subjects (All):

General Agreement on Trade in Services (1994 April 15).

General Agreement on Trade in Services.

Foreign trade regulation.

Service industries--Law and legislation.

Service industries.

Physical Description:

1 online resource (xx, 655 pages) : digital, PDF file(s)

Other Title:

GATS & the Regulation of International Trade in Services

Place of Publication:

Cambridge : Cambridge University Press, 2008.

System Details:

text file

PDF

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.

Contents:

Part 1 Beyond regulatory control and multilateral flexibility: Gains from a cosmopolitan Gats 1

1 Testing regulatory autonomy, disciplining trade relief and regulating variable peripheries: Can a cosmopolitan Gats do it all? / Marion Panizzon, Nicole Pohl 3

Part 2 Unexplored economic, political and judicial dimensions of GATS 21

2 South-South services trade / Nora Dihel, Felix Eschenbach, Ben Shepherd 23

3 The race towards preferential trade agreements in services: How much market access is really achieved? / Martin Roy, Juan Marchetti, Aik Hoe Lim 77

4 Rules of origin in services: A case study of five ASEAN countries / Carsten Fink, Deunden Nikomborirak 111

5 Comment: Is services trade like or unlike manufacturing trade? / Marion Jansen 139

Part 3 The limits of request-offer negotiations: Plurilateral and alternative approaches to services liberalization 143

6 Services post-Hong Kong - initial experiences with plurilaterals / Elisabeth Türk 145

7 Negotiating approaches from a Member's perspective / Clare Kelly 172

8 Evaluating alternative approaches to GATS negotiations: Sectoral, formulae and others / Henry Gao 183

9 Trade liberalisation under the Gats: An odyssey? / Rudolf Adlung 209

Part 4 Gats case law: A first assessment 223

10 Lessons learned from litigating GATS disputes: Mexico - Telecoms / Andrew W. Shoyer 225

11 From Periodicals to Gambling: A review of systemic issues addressed by WTO adjudicatory bodies under the GATS / Eric H. Leroux 236

12 Specificities of WTO dispute settlement in services cases / William J. Davey 276

13 Can foreign investors in services benefit from WTO dispute settlement? Legal standing and remedies in WTO and international arbitration / Martín Molinuevo 296

Part 5 Market access, national treatment and domestic regulation 325

14 Some thoughts on the concept of 'likeness' in the GATS / Mireille Cossy 327

15 Comment: The unbearable lightness of likeness / Joost Pauwelyn 358

16 Towards a horizontal necessity test for services: Completing the GATS Article VI:4 mandate / Panagiotis Delimatsis 370

17 Comment: Quis custodiet necessitatem? Adjudicating necessity in multilevel systems and the importance of judicial dialogue / Markus Krajewski 397

Part 6 Unfinished business: Safeguard and subsidy disciplines for services 405

18 Recognition, standardisation and harmonisation: Which rules for GATS in times of crisis? / Markus Krajewski 407

19 A safeguards regime for services / Fernando Piérola 434

20 Waiting for Godot: Subsidy disciplines in services trade / Pietro Poretti 466

21 Comment: One set of rules for fair and unfair trade in services: A possible merger? / Kanitha Kungsawanich 489

Part 7 Challenges to the scope of GATS and cosmopolitan governance in services trade 495

22 Trade rules for the digital age / Sacha Wunsch-Vincent 497

23 Comment: Digital trade: Technology versus legislators / Christian Pauletto 530

24 How human rights violations nullify and impair GATS commitments / Marion Panizzon 534

25 Comment: The instrumental rationale for protecting human rights in the context of trade services reform / Simon Walker 561

26 In pursuit of the cosmopolitan vocation for trade: GATS and aviation services / Richard Janda, Mark Glynn 566

Part 8 Conclusion 597

27 Been there, not yet done that: Lessons and challenges in services trade / Pierre Sauvé 599.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511494543

Access Restriction:

Restricted for use by site license.