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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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International Trade in Services and Domestic Regulations: Necessity, Transparency, and Regulatory Diversity

ISBN13: 9780199533152
Published: December 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

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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 international trading system withstand?

This book provides a comprehensive analysis of the regulation of services under the WTO's GATS Agreement. Through a thorough examination of the GATS negotiation history, substantive provisions, judicial interpretation, and ongoing reform process, the book presents a clear picture of how the multilateral trading system justifies and tolerates regulatory diversity. In this respect, the book focuses on the core general principles of necessity and transparency, which would allow the assessment of the consistency with the GATS of domestic regulations in services at a horizontal, cross-sectoral level. In addition, the book reviews with a critical eye the ongoing GATS negotiations on the creation of rules on domestic regulations.

  • Maps a clear horizontal legal framework for the international regulation of trade in services, across all service sectors Mli>Combines a thorough analysis of the WTO case-law with an analysis of the economic and political economy considerations that shape the development of service regulation
  • Provides a comprehensive discussion of the negotiating history of the initial GATS agreement, and the ongoing negotiations for reforming the GATS system
  • Includes comparative analysis of developments in EU law and Regional Trade Agreements