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

Hardcover | December 27, 2007

byPanagiotis Delimatsis

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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 moralgrounds - 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 totransfer 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 themultilateral trading system justifies and tolerates regulatory diversity. The book develops a horizontal framework for the assessment of whether a national barrier to trade in services is lawful, across all service sectors, focusing on the core general principles of necessity andtransparency.

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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 moralgrounds - went to the heart of key controversies s...

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.

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Format:HardcoverDimensions:375 pages, 9.21 × 6.14 × 1.09 inPublished:December 27, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199533156

ISBN - 13:9780199533152

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Table of Contents

1. The Multilateral Legal Framework Governing Trade in ServicesA. Coping with Regulatory Diversity in ServicesB. The Uruguay Round: A Rules-Based System for World TradeC. The Position of Services in World TradeD. Creating the GATSE. The Position of the GATS in the GATT/WTO StructureF. The GATS at a GlanceG. Dancing in the Dark? The GATS' Tentative Steps Towards Liberalization of Trade in Services2. Barriers to Trade in ServicesA. Introductory RemarksB. Usual Barriers to TradeC. Protection in Services IndustriesD. Typologies of Barriers to Trade in ServicesE. Possible Gains from Dismantling Barriers to Trade in Services3. Domestic Regulation and the GATSA. Introductory RemarksB. The Obligations Contained in Article VI GATSC. The Relationship of Article VI with Articles XVI, XVII and XVIII GATS - A Conciliatory ApproachD. Snipping at the Gordian Knot of Domestic Regulations - Just a Fool to Believe?E. Put the Blame on the GATS: Liberalization, Deregulation, Regulatory Reform or Something Else?IV. Creating a Horizontal Necessity Test for ServicesA. Introductory RemarksB. The Establishment of the WPPS and the Development of Disciplines on Domestic Regulation with Respect to Accountancy ServicesC. The Establishment of the WPDRD. Towards the Development of a Horizontal Necessity Test Applicable to All Service SectorsE. The Prospects of, and Some Essential Elements for, a Horizontal Necessity Test5. Transparency and Domestic Regulations in ServicesA. Introductory RemarksB. Transparency as a General Principle of WTO LawC. The Principle of Transparency in the GATSD. The Issue of Transparency as Discussed in the WPDRE. Horizontally Applicable Transparency Disciplines and the Linkage with Necessity6. Concluding Remarks: Challenges for the Future