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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Opening Markets for Foreign Skills: How Can the WTO Help?: Lessons from the EU and Uganda's Regional Services Deals

ISBN13: 9783319035475
Published: March 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £99.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

One of the most pressing issues confronting the multilateral trading system as a route for providing enhanced market access for natural persons in the realm of services is its track record of non-delivery. Some bold analysts have even argued that overall there has been absolutely no new liberalization under the GATS framework. If the situation is worrying in other Modes of supply, it is far worse in the case of Mode 4. WTO Members have been trying to negotiate enhanced Mode 4 access, since before the launch of the DDA. The results are poor.

This book proposes that it is time for WTO Members to think differently, move from a sole focus on market access to a discussion on regulatory co-operation as the key underpin to Mode 4 liberalization. To date, in terms of the literature available, we know very little about how WTO Members are managing their Mode 4 commitments and what regulatory regimes support this. We know even less about how the WTO can shift focus from market access negotiations to discussions on regulatory co-operation and reform. A lot has been written about the economic importance of Mode 4; negotiations have proceeded in a mercantilist format with little understanding and acknowledgement of the difficulties countries face in regulating the movement of people within their borders more generally and in particular, the temporary flow of people across their borders in relation to the market access commitments a country may have made in the GATS. This book addresses that issue squarely, through case studies of market access, national treatment and regulatory approaches in EIAs.

International Trade
Conceptual Issues.
The Economic Importance of Mode 4.
Character and Trends in Existing Mode 4 Commitments in the GATS.
A Case Study of the EU Schedule of Specific Commitments.
A Case Study of Uganda's Schedule of Specific Commitments on Mode 4 in the GATS.
Prospects for Change in the DDA.