Developing countries and preferential services trade / Charlotte Sieber-Gasser.

Format:

Book

Author/Creator:

Sieber-Gasser, Charlotte, 1982- author.

Series:

Cambridge international trade and economic law.

Cambridge international trade and economic law

Language:

English

Subjects (All):

Service industries--Law and legislation--Developing countries.

Service industries.

Foreign trade regulation--Developing countries.

Foreign trade regulation.

Physical Description:

1 online resource (xxx, 328 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2016.

Language Note:

English

Summary:

WTO law sets the global minimum standards for trade regulation, while allowing some regulatory flexibility for developing countries. The exact scope of regulatory flexibility is often unclear and, at times, flexibility may be counterproductive to sustainable economic growth in developing countries. Undisputedly, developing countries would have some flexibility with respect to tailoring preferential services trade agreements to their individual economic needs and circumstances, but empirical data from over 280 preferential services trade agreements worldwide shows that this flexibility is rarely used. This volume clarifies the regulatory scope of flexibility for preferential services trade agreements between developing countries by linking the legal interpretation of WTO law with evidence from research in economics and political sciences. The book suggests that the current regulatory framework leaves room for meaningful flexibility for developing countries, and encourages policymakers and scholars to take these flexibilities into consideration in their design and study of trade policies.

Contents:

Cover; Half title; Series; Title; Copyright; Dedication; Contents; List of Figures; List of Tables; Acknowledgements; List of Abbreviations; Table of Agreements; Table of Cases; Foundations; 1 Special and Differential Treatment in the WTO; I Developing Countries in the WTO; II Least-Developed Countries in the WTO; III Special and Differential Treatment; IV In Summary; 2 The Rationale for South-South Services Trade; I Trade in Services; II Development Effect of Services Trade; III Controversies of Preferential Services Trade; 3 The Quest of this Study; I South-South in this Study

II Gap in Literature and Why Understanding South-South Services Trade MattersIII Methodology; IV Mapping Preferential Trade Agreements in Services; V Structure of the Study; Part I Preferential Services Trade; 1 History and Geography of Preferential Services Trade; I Influence of Early PTAs on GATS; 2 Stock-taking of Preferential Services Trade Agreements; I Lack of Notifications to the WTO; 3 The Current Level of Liberalisation; I Low Level of Liberalisation; 4 The Special Case of South-South Preferential Services Trade; I The History of South-South PTAs; II The Geography of South-South PTAs

Part II Legal Regime for Preferential Services Trade1 Historical Background of Preferentialism in Services Trade and its Regulation; I Regulatory Flexibilities for Preferential Trade; II Most-Favoured Nation Treatment (GATS Art. II); 2 GATS Art. V; I Positioning GATS Art. V in International Economic Law; II Chapeau of GATS Art. V; III Quantitative Requirements: GATS Art. V:1 lit. a and lit. b; IV Qualitative Requirements: GATS Art. V:1 lit. b; V Related Provision: GATT Art. XXIV; 3 Regulatory Flexibilities in the GATS: Special and Differential Treatment; 4 Compliance with GATS Worldwide

5 Loopholes in the GATS: Problems in PracticeI Language of GATS Art. V; II Missing Case Law; 6 Innovation in South-South Agreements?; I Sectors of Interest; II Modes of Supply; 7 In Summary; Part III Legal Regime for South-South Preferential Services Trade; 1 The Legal Scope of Flexibilities for South-South Preferential Services Trade; I Preamble of the GATS; II Preferential Trade in Services: GATS Art. V; III Flexibilities on the Basis of the Positive List Approach; IV Flexibilities Embedded in Special and Differential Treatment; V Waiver; VI Enabling Clause

2 Legal Arguments for a Large Scope of Flexibilities in the GATSI No Additional Flexibility: The Narrow Interpretation; II Flexibility in Number of Sectors and Level of Liberalisation: The Medium Interpretation; III Sectorial Agreements: Broad Interpretation; 3 New Approach to a Better Use of the Scope of Flexibilities; I Depth of Regulation; II GATS-Plus, GATS-Extra and GATS-Minus; III Sectors of Interest; IV Modes of Supply; V Compliance with GATS; VI Implementation of GATS Art. V Requirements; VII Implications for the Scope of GATS Art. V; VIII Lessons to be Learned

IX Innovation in South-South Agreements

Notes:

Title from publisher's bibliographic system (viewed on 04 Jul 2016).

Includes bibliographical references and index.

ISBN:

1-316-78948-9

1-316-79236-6

1-316-79284-6

1-316-79332-X

1-316-79380-X

1-316-79524-1

1-316-56941-1