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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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GATS and the Regulation of International Trade in Services

Edited by: Marion Panizzon, Nicole Pohl, Pierre Sauvé

ISBN13: 9780521896887
Published: June 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £103.00

Despatched in 8 to 10 days.

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.

  • Content integrates law, politics and economics to provide insights into the methods and politics of negotiating WTO/GATS commitments and inform readers about the rule-making in GATS
  • Collection of essays provides information on current challenges for services trade in the GATS, giving the reader an overview of current issues of international services trade
  • Commentaries critically discuss certain chapters of the book and add insight to a theme. Reader is exposed to competing and conflicting views of GATS regulation, liberalization and negotiations

International Trade
Part I. Beyond Regulatory Control and Multilateral Flexibility: Gains from a Cosmopolitan GATS:
1. Testing Regulatory Autonomy, Disciplining Trade Relief and Regulating Variable Peripheries: Can a Cosmopolitan GATS do it all?
Marion Panizzon and Nicole Pohl
Part II. Unexplored Economic, Political and Judicial Dimensions of GATS:
2. South-South Services Trade Nora Dihel,
Felix Eschenbach and Benjamin Shepherd
3. The Race towards Preferential Trade Agreements in Services: How Much Market Access Is Really Achieved?
Martin Roy, Juan Marchetti and Aik Hoe Lim
4. Comment: Is Services Trade Like or Unlike Manufacturing Trade?
Marion Jansen
5. Rules of Origin in Services: A Case Study of Five ASEAN Countries
Carsten Fink and Deunden Nikomborirak
Part III. The Limits of Request-Offer Negotiations: Plurilateral and Alternative Approaches to Services Liberalization:
6. Services Post Hong-Kong - Initial Experiences with Plurilaterals
Elisabeth Turk
7. Comment: Negotiating Approaches from a Member's Perspective
Claire Kelly
8. Evaluating Alternative Approaches to GATS Negotiations: Sectoral, Formulae and Others
Henry Gao
9. Comment: Trade Liberalization under the GATS: An Odyssey?
Rudolf Adlung
Part IV. GATS Case Law: A First Assessment:
10. Lessons Learned from Litigating GATS Disputes: Mexico - Telecoms
Andrew W. Shoyer
11. From Periodicals to Gambling: A Review of Systemic Issues Addressed by WTO Adjudicatory Bodies under the GATS
Eric Leroux
12. Specificities of WTO Dispute Settlement in Services Cases
William Davey
13. Can Foreign Investors in Services Benefit from WTO Dispute Settlement?
Martin Molinuevo
Part V. Market Access, National Treatment and Domestic Regulation:
14. Some Thoughts on the Concept of 'Likeness' in the GATS
Mireille Cossy
15. Comment: The Unbearable Lightness of Likeness
Joost Pauwelyn
16. Towards a Horizontal Necessity Test for Services: Completing the GATS Article VI:4 Mandate
Panagiotis Delimatsis
17. Comment: Quis custodiet neccessitatem? Adjudicating Necessity in Multilevel Systems and the Importance of Judicial Dialogue
Markus Krajewski
Part VI. Unfinished Business: Safeguard and Subsidy Disciplines for Services:
18. Recognition, Standardisation and Harmonisation: Which Rules for GATS in Times of Crisis?
Markus Krajewski
19. A Safeguards Regime for Services
Fernando Pierola
20. Waiting for Godot: Subsidy Disciplines in Services Trade
Pietro Poretti
21. Comment: One Set of Rules for Fair and Unfair Trade in Services: A Possible Merger?
Kanitha Kungsawanich
Part VII. Challenges to the Scope of GATS and Cosmopolitan Governance in Services Trade:
22. Trade Rules for the Digital Age
Sacha Wunsch-Vincent
23. Comment: Digital Trade: Technology versus Legislators
Christian Pauletto
24. How Human Rights Violations Nullify and Impair GATS Commitments
Marion Panizzon
25. Comment: The Instrumental Rationale for Protecting Human Rights in the Context of Trade Services Reform
Simon Walker
26. In Pursuit of the Cosmopolitan Vocation for Trade: GATS and Aviation Services
Richard Janda and Mark Glynn
Part VIII. Conclusion:
27. Been There, Not Yet Done That: Lessons and Challenges in Services Trade
Pierre Sauve.