Panagiotis Delimatsis

International Trade in Services and Domestic Regulations

Necessity, Transparency and Regulatory Diversity

• Gebundenes Buch

Produktbeschreibung

This book examines the regulation of services within the WTO. It examines the problem of reconciling a liberal system of trade in services with national governments' ability to protect social values through service regulation. The book analyses the existing legal framework and assesses the potential of ongoing trade negotiations.

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In 2005, the WTO Appellate body ruled that the United States' total prohibition on cross border gambling services was unlawful under the General Agreement on Trade in Services (GATS). The questions raised by the case - whether and how a government could block service provision on moral grounds - went to the heart of key controversies surrounding international economic law. How do you reconcile a liberal system of international trade in services with national governments' desire to protect social values through service regulation? How much control are the WTO members willing to transfer to the WTO? How much regulatory diversity can the traditional trading system withstand?

Produktdetails

• Verlag: OUP Oxford
• Seitenzahl: 366
• Erscheinungstermin: 27. Dezember 2007
• Englisch
• Abmessung: 240mm x 161mm x 24mm
• Gewicht: 713g
• ISBN-13: 9780199533152
• ISBN-10: 0199533156
• Artikelnr.: 23463872

Autorenporträt

Panagiotis Delimatsis is Senior Research Fellow at the World Trade Institute, University of Berne, Switzerland. Previously he has worked at the WTO Appellate Body secretariat, UNCTAD, and practised law in Greece.

Inhaltsangabe

* I: The Multilateral Legal Framework Governing Trade in Services
* A. The Uruguay Round: a rules-based system for world trade
* B. The position of services in world trade
* C. Creating the GATS
* D. The position of the GATS in the GATT/WTO structure - The
boundaries between the GATT and the GATS
* E. The GATS at a glance
* F. Dancing in the dark? The GATS' tentative steps towards
* II: Barriers to Trade in Services
* A. Introductory remarks
* B. Usual barriers to trade
* C. Protection in services industries
* D. Regulations as impediments to trade in services
* E. Typologies of barriers to trade in services
* F. Possible gains from dismantling barriers to trade in services
* III: Domestic Regulation and the GATS
* A. Introductory remarks
* B. Snipping at the Gordian Knot of domestic regulation
* C. The obligation contained in Article VI GATS
* D. The Relationship of Article VI with Atyicles XVI, XVII, and XVIII
- A Conciliatory Approach
* E. To regulate, or not to regulate? That is the question-But not the
only one: A primer on the tools for evaluating the domestic
regulatory regime
* F. Put the blame on the GATS: liberalization, deregulation,
regulatory reform...or something else?
* IV: Creating a Horizontal Necessity Test for Services
* A. Introductory remarks
* B. The establishment of the WPPS and the development of disciplines
on domestic regulation with respect to accountancy services
* C. The Establishment of the WPDR
* D. Towards the development of a horizontal necessity test applicable
to all service sectors
* E. The Prospects of, and some essential elements for, a horizontal
necessity test
* V: Transparency and Domestic Regulations in Services
* A. Introductory remarks
* B. Transparency as a general principle of WTO law
* C. The principle of transparency in the GATS
* D. The issue of transparency as discussed in the WPDR
* E. Horizontally applicable transparency disciplines and the linkage
with necessity
* Concluding Remarks: Challenges for the Future
* Ic Bibliography