ISBN:
9789004162440
Language:
English
Pages:
Online-Ressource (XIII, 1006 p)
Edition:
Online-Ausg.] Brill Nijhoff E-Books Collections : Human Rights and Humanitarian Law ; International Law 2006-2008
Series Statement:
Nijhoff eBook titles 2008
Parallel Title:
Erscheint auch als
DDC:
382/.92
Keywords:
World Trade Organization
;
Organisation mondiale du commerce
;
Free trade
;
Service industries Law and legislation
;
Diensten
;
GATT
;
Internationaal handelsrecht
;
World Trade Organization
;
Libre-échange
;
Services (Industrie) - Droit
;
Aufsatzsammlung
Abstract:
Preliminary Material /Kern Alexander and Mads Andenas -- Chapter One. Introduction /Kern Alexander and Mads Andenas -- Chapter Two. The Gats in the Doha Round: a European Perspective /Rafael Leal-Arcas -- Chapter Three. Twins, Siblings or Friends: the Conceptual Case of Goods and Services, Where Do We Stand and Where Could We Be Headed to? /Deepali Fernandes -- Chapter Four. Proportionality and Balancing in Wto Law: a Comparative Perspective /Mads Andenas and Stefan Zleptnig -- Chapter Five. The Principle of Non-discrimination and Its Exceptions in Gats: Selected Legal Issues /Federico Ortino -- Chapter Six. Gats and Domestic Regulation: Balancing the Right to Regulate and Trade Liberalization /Jan Wouters and Dominic Coppens -- Chapter Seven. Gats Negotiations on Domestic Regulation a Developing Country Perspective /Mina Mashayekhi and Elisabeth Tuerk -- Chapter Eight. A Review of the Wto Regime for Telecommunications Services /Marco Bronckers and Pierre Larouche -- Chapter Nine. The Gats and Internet-based Services: between Market Access and Domestic Regulation /Stefan Zleptnig -- Chapter Ten. Reconciling Liberalized Trade in Financial Services and Domestic Regulation /Christine Kaufmann and Rolf H. Weber -- Chapter Eleven. Dispute Settlement under the Gats: the Gambling and Telecoms Cases /Brendan McGivern -- Chapter Twelve. Gats Article XVI and National Regulatory Sovereignty: What Lessons to Draw from Us—gambling? /Lode Van Den Hende and Herbert Smith LLP -- Chapter Thirteen. Rethinking Retaliation in the Wto Dispute Settlement System: Leveling the Playing Field for Developing Countries in Asymmetric Disputes /Klint Alexander and Ph.D. J. D -- Chapter Fourteen. Gats’s Non-violation Complaint: Its Elements and Scope Comparing to Gatt 1994 /Abd El-Rehim Mohamed Al-Kashif -- Chapter Fifteen. The Gats and Financial Services: Liberalisation and Regulation Inglobal Financial Markets /Kern Alexander -- Chapter Sixteen. The Prudential Carve-out /Wei Wang -- Chapter Seventeen. Alternative Approaches to Financial Services Liberalisation: the Role of Regional Trade Agreements /John Cooke -- Chapter Eighteen. How Far Is Basel from Geneva? International Regulatory Convergence and the Elimination of Barriers to International Financial Integration /Apostolos Gkoutzinis -- Chapter Nineteen. The Gats and the Legal Framework of the Chinese Banking Sector /Wei Wang -- Chapter Twenty. International Trade in Financial Services and the Gats /Alastair Evans -- Chapter Twenty. One Insurance Services and Recent Trade Negotiations /David F. Snyder -- Chapter Twenty. Two Model Schedule of Wto Commitments for Investment Banking, Trading, and Asset Management: Explanatory Memorandum /Kern Alexander and Mads Andenas -- Chapter Twenty. Three the Gats and Higher Education: Challenging the Nation State’s Notion of the University /Michael Moosberger -- Chapter Twenty. Four Cultural Diversity and International Trade—taking Stock and Looking Ahead /Rolf H. Weber -- Chapter Twenty. Five the Unesco Convention for Theprotection and Promotion of the Diversity of Cultural Expressions /Toshiyuki Kono -- Appendices /Kern Alexander and Mads Andenas -- Index /Kern Alexander and Mads Andenas.
Abstract:
The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature. The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business. Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers and practitioners
DOI:
10.1163/ej.9789004162440.1-1024
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