The World Trade Organization and Trade in Services

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.

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Kern Alexander, Director of Research in International Financial Regulation, the Keynes’s Centre for Financial Analysis and Policy, the Judge Business School, University of Cambridge, has served as an adviser to the Trade in Services Division of the WTO and has given oral and written evidence on international economic sanctions to the British House of Lords Select Committee on Economic Affairs.

Mads Andenas, Director of the Norwegian Centre for Human Rights, University of Oslo, was the Director of the British Institute of International and Comparative Law, London (1999-2005) and Director of the Centre of European Law at King’s College, University of London (1991-1999). He is also a Senior Fellow in European Community Law at the Institute of European and Comparative Law, University of Oxford, and a Fellow of Harris Manchester College, University of Oxford and at the Institute of Advanced Legal Studies, University of London. He is General Editor of the International and Comparative Law Quarterly (Oxford University Press) and of European Business Law Review (Kluwer Law International).
Part One: World Trade in Services and the GATS

1. Introduction Kern Alexander and Mads Andenas
2. The GATS in the Doha Round: A European Perspective Rafael Leal-Arcas
3. Twins, Siblings or Friends: The Conceptual Case of Goods and Services, Where Do We Stand and Where Could We Be Headed to? Deepali Fernandes
4. Proportionality and Balancing in WTO Law: A Comparative Perspective Mads Andenas and Stefan Zleptnig
5. The Principle of Non-Discrimination and its Exceptions in GATS: Selected Legal Issues Federico Ortino

Part Two: GATS and the Role of Regulation in Services Trade

6. GATS and Domestic Regulation: Balancing the Right to Regulate and Trade Liberalization Jan Wouters and Dominic Coppens
7. GATS Negotiations on Domestic Regulation: A Developing Country Perspective Mina Mashayekhi and Elisabeth Tuerk
8. A Review of the WTO Regime for Telecommunications Services Marco Bronckers and Pierre Larouche
9. The GATS and Internet-Based Services: Between Market Access and Domestic Regulation Stefan Zleptnig
10. Reconciling Liberalized Trade in Financial Services and Domestic Regulation Christine Kaufmann and Rolf H. Weber

Part Three: GATS and WTO Dispute Settlement

11. Dispute Settlement Under the GATS: The Gambling and Telecoms Cases Brendan McGivern
12. GATS Article XVI and National Regulatory Sovereignty: What Lessons to Draw from US—Gambling? Lode van den Hende
13. Rethinking Retaliation in the WTO Dispute Settlement System: Leveling the Playing Field for Developing Countries in Asymmetic Disputes Klint W. Alexander
14. GATS’s Non-Violation Complaint: its Elements and Scope Comparing to GATT 1996 Abd El-Rehim Mohamed Al-Kashif

Part Four: The GATS and Financial Services

15. The GATS and Financial Services: Liberalisation and Regulation in Global Financial Markets Kern Alexander
16. The Prudential Carve-out Wei Wang
17. Alternative Approaches to Financial Services Liberalisation: The Role of Regional Trade Agreements John Cooke
18. How Far is Basel from Geneva? International Regulatory Convergence and the Elimination of Barriers to International Financial Integration Dr. Apostolos Gkoutzinis
19. The GATS and the Legal Framework of the Chinese Banking Sector Wei Wang
20. International Trade in Financial Services and the GATS Alastair Evans
21. Insurance Services and Recent Trade Negotiations David F. Snyder
22. Model Schedule of WTO Commitments for Investment Banking, Trading, and Asset Management: Explanatory Memorandum

Part Five: GATS and Cultural Services

23. The GATS and Higher Education: Challenging the Nation State’s Notion of the University Michael Moosberger
24. Cultural Diversity and International Trade—Taking Stock and Looking Ahead Rolf H. Weber
25. The UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions Toshiyuki Kono

Appendix A – General Agreement on Trade in Services
Appendix B – Model Schedule of WTO Commitments for Investment Banking, Trading, and Asset Management
Appendix C – Insurance Model Schedule and Best Practices


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