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1
Sherman, Laura B. "World Trade Organization: Agreement on Telecommunications Services (Fourth Protocol to General Agreement on Trade in Services)." International Legal Materials 36, no. 2 (March 1997): 354–74. http://dx.doi.org/10.1017/s0020782900019537.
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On February 15, 1997, 69 countries agreed to provide market access to some or all of their basic telecommunications sectors. These 69 countries represent over 90% of the world's basic telecommunications revenues. This achievement came after two unsuccessful attempts to negotiate a multi-lateral agreement on basic telecommunications under the auspices of the World Trade Organization (“WTO”). It was an achievement warmly welcomed by consumers and suppliers of basic telecommunications services.
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Cameron, James, and Kevin R. Gray. "Principles of International Law in The WTO Dispute Settlement Body." International and Comparative Law Quarterly 50, no. 2 (April 2001): 248–98. http://dx.doi.org/10.1093/iclq/50.2.248.
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Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.
3
Bartels, Lorand. "The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction." American Journal of International Law 109, no. 1 (January 2015): 95–125. http://dx.doi.org/10.5305/amerjintelaw.109.1.0095.
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One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.
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Richards, Cameron, and Farrokh Farrokhnia. "E-Commerce Products Under the World Trade Organization Agreements: Goods, Services, Both or Neither?" Journal of World Trade 50, Issue 5 (October 1, 2016): 793–817. http://dx.doi.org/10.54648/trad2016032.
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E-commerce is becoming an increasingly important focus of the international trade. Dealing with the virtual nature of e-commerce to create a borderless global economy requires the involvement of the World Trade Organization (WTO) as the only international organization regulating global trade between nations. However, the WTO has struggled in its efforts to address the various uncertainties of classification applied to e-commerce products (hereinafter ‘Classification’) under its existing Agreements (e.g. General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS)). This article investigates how a comprehensive approach is needed to address foundational Classification challenges. Using the key tools of the grounded theory method, this article analyses all the WTO Members’ discussions (1998–2014) related to the Classification issue. It does so as a basis for critiquing the WTO’s approach to addressing this challenge. It argues e-commerce products are both or neither goods or services. Extending the territorial and geographical notions created for traditional trade to the virtual nature of digital world is simply inadequate and fails to appropriately draw a certain line between traditional trade and existing as well as emerging e-commerce products. On this basis this article provides an outline of the distinct and more integrated approach needed.
5
Daniltsev, Alexander, and Olga Biryukova. "Beyond the gats: Implicit engines in services RTAs." Panoeconomicus 62, no. 3 (2015): 321–37. http://dx.doi.org/10.2298/pan1503321d.
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In the last 15 years the reciprocity of regional trade agreements on services has become a global phenomenon. Whereas main provisions regulating access to the services market are fixed by specific obligations under the General Agreement on Trade in Services, RTAs have been considered a flexible means for liberalization and an expedient to protect national service providers. This article explores the role of the GATS and other agreements, both under and not under the mandate of the World Trade Organization, in trade blocs. The econometric model developed by the authors shows that the removal of restrictions for foreign suppliers under domestic regulation (consumer protection, regulation of labor market) and the elimination of discriminatory measures on foreign investments that affect trade in goods are likely to be more important for the expansion of services trade on a preferential basis than the GATS-type liberalization.
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Weerth, Carsten. "Survey on Free Trade Agreements and Customs Unions." Global Trade and Customs Journal 4, Issue 4 (April 1, 2009): 113–23. http://dx.doi.org/10.54648/gtcj2009014.
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From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) Secretariat received 124 indications of Regional Trade Agreements (RTAs) relating to the trade in goods, and since the creation of the World Trade Organization (WTO) in 1995, more than 240 additional RTAs (covering trade in goods and services) have been notified to the WTO. Since 1990, the number of RTAs indicated to the GATT/WTO Secretariat concerning the trade in goods has risen strongly. A World Customs Organization (WCO) survey on the existing Free Trade Agreements (FTAs) and Customs Unions (CUs) in the trade of goods has been published in September 2008. This paper shows the major findings of the WCO survey and puts them into a wider WTO/GATT picture.
7
Freiberg, Kenneth. "World Trade Organization: Second Protocol to the General Agreement on Trade in Services (GATS) and Related Decisions." International Legal Materials 35, no. 1 (January 1996): 199–206. http://dx.doi.org/10.1017/s0020782900032423.
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LLOYD, PETER. "When should new areas of rules be added to the WTO?" World Trade Review 4, no. 2 (July 2005): 275–93. http://dx.doi.org/10.1017/s1474745605002399.
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When the WTO was created as an outcome of the Uruguay Round, one of the major differences from its predecessor, the GATT, was the addition of new areas of rules of trade. The General Agreement on Trade in Services (GATS), the Agreement on Trade-related Aspects of Intellectual Property (TRIPS), and to some extent also the Agreement on Trade-related Investment Measures (TRIMs) added sets of rules that were entirely new. By adding trade in services, the rules of the multilateral trade organization now encompass trade in all produced goods and services. The WTO rules, however, encompass neither the international movements of capital or labour, nor other non-trade policies, such as those relating to the environment, labour standards, and competition policy, with minor exceptions.
9
Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, no. 2 (June 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.
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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.
10
Ostry, Aleck S. "International Trade Regulation and Publicly Funded Health Care in Canada." International Journal of Health Services 31, no. 3 (July 2001): 475–80. http://dx.doi.org/10.2190/mt8d-h4ec-jkme-3kd3.
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The World Trade Organization (WTO) creates new challenges for the Canadian health care system, arguably one of the most “socialized” systems in the world today. In particular, the WTO's enhanced trade dispute resolution powers, enforceable with sanctions, may make Canadian health care vulnerable to corporate penetration, particularly in the pharmaceutical and private health services delivery sectors. The Free Trade Agreement and its extension, the North American Free Trade Agreement, gave multinational pharmaceutical companies greater freedom in Canada at the expense of the Canadian generic drug industry. Recent challenges by the WTO have continued this process, which will limit the health care system's ability to control drug costs. And pressure is growing, through WTO's General Agreement on Trade in Services and moves by the Alberta provincial government to privatize health care delivery, to open up the Canadian system to corporate penetration. New WTO agreements will bring increasing pressure to privatize Canada's public health care system and limit government's ability to control pharmaceutical costs.
11
Vranes, Erich. "The Overlap between GATT and GATS: A Methodological Mate." Legal Issues of Economic Integration 36, Issue 3 (August 1, 2009): 215–38. http://dx.doi.org/10.54648/leie2009015.
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This article examines an issue of systemic and economic importance in World Trade Organization (WTO) law, namely, the fact that the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) agreements overlap to some extent, possibly giving rise to unexpected obligations and even conflicts of norms. The purpose of the article is twofold: it first analyzes the – very few – positions that have so far been taken on this issue, arguing that they have tended to deal with singular aspects of a problem that actually has a considerable number of facets. It then explains these different layers of the problem and sets out a more comprehensive doctrinal approach to these issues.
12
Santos, Milton, Jonathan Filippon, Áquilas Mendes, and Elias Kondilis. "International Trade and Health Care in Brazil: An Unpredicted Tale Threatening Health Care Entitlement?" International Journal of Health Services 49, no. 2 (February 14, 2019): 343–59. http://dx.doi.org/10.1177/0020731419828295.
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The General Agreement on Trade in Services (GATS), established in 1994, has been a key element of market liberalization of health care services. Brazil had the provision of health care services partially protected from international competition until 2015, when a constitutional change opened the national health care market to international provision. We performed a retrospective and prospective policy analysis based on a systematic policy document review, general literature review, and secondary data analysis mapping, describing and analyzing the international trade agreements signed by Brazil with the World Trade Organization (WTO) and the available legislation relevant to health care services. The provision of health care services was not included in the WTO commitments signed by Brazil during the analyzed period (1994–2018). Financing of private health insurance was part of the agreement since 1994. There was a mild liberalization of the private health insurance sector, while provision of health care services was forbidden to foreign investors until 2015. The mode 3 of GATS presents the greatest potential impact as it exposes health care provision to international competition. The international liberalization of the provision of health care services in Brazil is now legal and an observable consequence of the pressure to gradually lift trade barriers in the health and health care sector.
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Cornford, Andrew. "Macroprudential Regulation: Potential Implications for Rules for Cross-Border Banking." Journal of International Commerce, Economics and Policy 06, no. 01 (February 2015): 1550001. http://dx.doi.org/10.1142/s1793993315500015.
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In the post-crisis agenda of reform of financial regulation, macroprudential policy has been assigned a central role. Some of the measures of this agenda involve restrictions on cross-border financial flows and discriminatory restrictions targeting particular financial institutions and activities. Others target corporate form and the relations between the constituent parts of banking groups. Many of the measures implemented or proposed as part of the reform agenda may be inconsistent with the World Trade Organization (WTO) General Agreement on Trade in Services (GATS) and with other bilateral and regional agreements on trade and investment in banking services. As a result both sets of rules may eventually require revision.
14
Lanoszka, Anna. "Energy and Trade in the Time of Destabilized Multilateralism: Innovative Economic Policies for the WTO." Journal of Economics and Public Finance 4, no. 4 (November 19, 2018): 324. http://dx.doi.org/10.22158/jepf.v4n4p324.
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<p><em>The multilateral trade system has been in trouble for over a decade. The set of international trade agreements managed by the World Trade Organization (WTO) has never meaningfully expanded beyond its 1990s founding package. Instead, since early 2000s bilateral trade deals done outside the WTO have multiplied. The WTO is better known today for the troubled trajectory of the unfinished Doha Round. The rhetoric of economic nationalism by the current US Administration does not help. It is time to consider new creative options before the world trading system becomes irreparably fragmented by politics. To this extent the following article advocates an initiative of creating an open plurilateral agreement on services related to energy sector under the framework of the WTO’s GATS (General Agreement on Trade in Services). Energy security remains the key international issue. Initiating talks among interested countries on energy related services under GATS can move the WTO forward towards pragmatic solutions and encourage international cooperation on the critical economic matter. </em></p>
15
Muller, Gilles. "The Necessity Test and Trade in Services: Unfinished Business?" Journal of World Trade 49, Issue 6 (December 1, 2015): 951–73. http://dx.doi.org/10.54648/trad2015037.
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The necessity test is a fundamental principle in the World Trade Organization (WTO) system. It seeks to strike a balance between two important goals: preserving the freedom of WTO Members to set and meet their regulatory objectives through measures of their own choosing, while discouraging them from adopting or maintaining measures that unduly restrict trade. This paper analyses the necessity test in relation to trade in services. Under the General Agreement on Trade in Services (GATS), the test is used as both an exception and an obligation. The test in the form of an exception draws heavily on Article XX General Agreement on Tariffs and Trade (GATT) jurisprudence and its content is well established. In contrast, its structure as an obligation is still under negotiation. While the elements for the adoption and interpretation of the test in the form of an obligation appear to be on the table, a lack of political momentum makes progress extremely unlikely. At the same time, discussions in other fora, notably the Trade in Services Agreement (TISA) and the Transatlantic Trade and Investment Partnership (TTIP), may change the situation. However, these negotiations are still ongoing, which begs the question of whether the necessity test will remain unfinished business.
16
Rehulina, Rehulina, Ria Wierma Putri, and Yunita Maya Putri. "Pengaturan Sektor Jasa Pendidikan Indonesia Dalam Kerangka Liberalisasi WTO." PROGRESIF: Jurnal Hukum 16, no. 1 (June 28, 2021): 1–30. http://dx.doi.org/10.33019/progresif.v16i1.2071.
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Pengaturan perdagangan jasa dalam General Agreement on Trade and Services-World Trade Organizations dalam bidang jasa diatur pada pada putaran Doha bersama dengan 12 Sektor perdagangan lainnya yang merupakan kompromi antara negara berkembang dengan negara maju. Pengaturan liberalisasi perdagangan jasa dalam General Agreement on Trade and Services-World Trade Organizations pada sektor pendidikan di Indonesia telah terimplementasi pada Undang-Undang Nomor 20 Tahun 1999 Tentang Sistem Pendidikan Nasional dan Undang-Undang Nomor 12 Tahun 2012 Tentang Perguruan Tinggi.
Kata Kunci: GATS, Liberalisasi Pendidikan, , WTO
17
Voon, Tania. "The Security Exception In WTO Law: Entering a New Era." AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.
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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
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Fayed, Hanaa, and John Fletcher. "Report: Globalization of Economic Activity: Issues for Tourism." Tourism Economics 8, no. 2 (June 2002): 207–30. http://dx.doi.org/10.5367/000000002101298070.
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Economic activity is not only becoming more internationalized, but, more significantly, it is becoming increasingly globalized. Globalization is always regarded as the product of the liberalization that has been the hallmark of economic policy throughout the world during the past decade. It has also set in motion forces working to accelerate liberalization. One of the distinguishing features of trade at the end of the twentieth century and at the start of the new millennium has been the expansion of regional trade agreements and the multilateral agreements. The internationalization of services is at the core of today's economic globalization. Tourism has become one of the most important industries in the world, and its economic impacts are vital for many countries. It has long supported the idea of services agreements and has become a major component in the globalization of international trade, particularly with respect to services. There is no doubt that the World Trade Organization (WTO) and the General Agreement on Trade in Services (GATS) have assisted the growth of international trade in goods and services. However, the success of such instruments relies upon markets behaving in a Ricardian manner, incorporating the fluidity and transparency that form the substance of those markets.
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Arena, Amedeo. "The GATS Notion of Public Services as an Instance of Intergovernmental Agnosticism: Comparative Insights from EU Supranational Dialectic." Journal of World Trade 45, Issue 3 (June 1, 2011): 489–528. http://dx.doi.org/10.54648/trad2011017.
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Against the background of the debate about the impact of World Trade Organization (WTO) law on the provision of public services at the national level, this article seeks to establish whether a notion of public services has emerged under the General Agreement on Trade in Services (GATS). After outlining the role of that concept in the context of economic integration agreements in general, this article surveys GATS exemptions and regulatory provisions and argues that the GATS has, in fact, failed to develop an autonomous notion of public services. Such an 'agnostic' approach is contrasted with the 'dialectic' characterizing the European Union (EU), which, in constant dialogue with its Member States, has developed a sophisticated theoretical and regulatory framework for 'Services of General Interest (SGI)'. It is concluded that the institutional features that differentiate WTO intergovernmentalism from EU supranationalism largely account for such a conceptual cleavage.
20
Kennedy, Matthew. "Blurred Lines: Reading TRIPS with GATT Glasses." Journal of World Trade 49, Issue 5 (October 1, 2015): 735–55. http://dx.doi.org/10.54648/trad2015029.
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There is a need to clarify when jurisprudence developed under the General Agreement on Tariffs and Trade (GATT) and under World Trade Organization (WTO) agreements on trade in goods and services is applicable in disputes concerning the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Through the application of the general rule of treaty interpretation, this article identifies two main areas in which such jurisprudence can be applicable in TRIPS disputes. These comprise procedural issues arising under the DSU and substantive issues surrounding basic GATT principles as adapted in Part I of TRIPS. The author makes a case study of the panel report in US – Section 110(5) Copyright Act to explore the consequences of resorting to GATT concepts in the interpretation and application of a minimum standard for intellectual property protection in Part II of TRIPS, and cautions against use of such an approach in future TRIPS disputes.
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VOON, TANIA. "Exploring the Meaning of Trade-Restrictiveness in the WTO." World Trade Review 14, no. 3 (January 14, 2015): 451–77. http://dx.doi.org/10.1017/s1474745614000512.
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AbstractTrade-restrictiveness is a familiar concept across various provisions and agreements of the World Trade Organization (WTO), but its precise meaning remains vague. In many WTO disputes, the existence or degree of trade-restrictiveness of a challenged measure is simply assumed or addressed in a few brief sentences. Yet whether a measure is more trade-restrictive than necessary, or more trade-restrictive than a proposed alternative measure, is crucial to the legality of a range of measures currently in place around the world, some under challenge in the WTO. A careful analysis of the existing case law and treaty text – focusing on Article 2.2 of the Agreement on Technical Barriers to Trade and the general exceptions in the General Agreement on Tariffs and Trade 1994 and the General Agreement on Trade in Services – demonstrates that while the existence of discrimination is likely to restrict trade, discrimination is not necessary to establish trade-restrictiveness, which also necessarily arises from direct barriers to market access such as import bans. In the absence of an explicit barrier to imports, a WTO panel is likely to focus on the extent to which a challenged measure negatively affects the competitive opportunities of imported products vis-à-vis domestic products.
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Leal-Arcas, Rafael. "Services as Key for the Conclusion of the Doha Round." Legal Issues of Economic Integration 35, Issue 4 (November 1, 2008): 301–21. http://dx.doi.org/10.54648/leie2008023.
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This article aims to stress the importance of services negotiations for the conclusion of the Doha Round. It is argued in the article that trade in services is of high importance for the economies of both developed and developing countries, and that there remains substantial scope for many World Trade Organization (WTO) countries to make further commitments towards greater liberalization within the services sectors and within all modes of supply provided in the General Agreement on Trade in Services (GATS). After an explanation of the notion of trade in services, the article analyzes the GATS, the progressive liberalization of trade in services in the framework of the Doha Round, the request/offer method of negotiations in services trade viewed from the perspective of the European Communities, and the July 2008 WTO Mini-Ministerial Conference in relation to services.
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Jane Deane, Felicity. "Emissions trading and the GATS financial services provisions." Journal of International Trade Law and Policy 13, no. 1 (March 11, 2014): 44–66. http://dx.doi.org/10.1108/jitlp-06-2013-0017.
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Purpose – The purpose of this paper is to determine whether greenhouse gas (GHG) tradeable instruments will be classified as financial products within the scope of the World Trade Organization (WTO) law and to explore the implications of this finding. Design/methodology/approach – This purpose is achieved through examination of the units of the Australian carbon pricing mechanism (the CPM), namely eligible emissions units. These units are analysed through the lens of the definition of financial products provided in the General Agreement for Trade in Services (the GATS). Findings – This paper finds that eligible emissions units will be classified as financial instruments, and therefore the provisions that govern their trade will be regulated by the GATS. Considering this, this paper explores the limitations that are introduced by the Australian legislation on the trade of eligible emissions units. Research limitations/implications – This paper is limited in its analysis to the Australian CPM. In order to draw conclusions on the issues raised by this analysis, it is necessary to consider the WTO requirements against an operating emissions trading scheme. The Australian CPM presents a contemporary model of an appropriate scheme. Originality/value – The findings in this paper are crucial in a GHG-constrained society. This is because emissions trading schemes (ETSs) are becoming popular measures for pricing GHG emissions, and for this reason the units that are traded and surrendered for emissions liabilities must be classified appropriately on a global scale. Failing to do this could result in differential treatment that may be contrary to the intentions of important global agreements, such as the WTO-covered agreements.
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Popovic-Petrovic, Ivana. "International trade in services: The role of international shipping." Medjunarodni problemi 59, no. 2-3 (2007): 376–99. http://dx.doi.org/10.2298/medjp0703376p.
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The General Agreement on Trade in Services (GATS) is one of the World Trade Organization's most important agreements. This accord is the first and only set of multilateral rules covering international trade in services. It is a framework for international trade in services and a legal basis for resolving conflicting national interests. For the past two decades, trade in services has grown faster than merchandise trade. Currently, they represent more than two thirds of the World Gross Domestic Product. As the term services covers a wide range of intangible and heterogeneous products and activities, there has been an increasing demand for detailed, relevant and internationally comparable statistical information on trade in services. In the last ten years, the share of transportation services in international trade in commercial services was steady and amounted to about one quarter.
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Naidoo, Vik. "Trade Commitments in Education Services: The Need to Move Out of the Current Impasse." Journal of World Trade 43, Issue 3 (June 1, 2009): 621–40. http://dx.doi.org/10.54648/trad2009025.
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Education services is included as part of the General Agreement on Trade in Services (GATS). This inclusion, however, has not gone without its critics, and discussions about the liberalization of education remain distinctly polarized. This article seeks to bring a more balanced debate to the mix by presenting the case of New Zealand, one of the most liberalized World Trade Organization (WTO) Members in trade in education services. Through this case study, it is discussed how New Zealand has chosen to shape the growth of the education market and steer its developments by including controlled mechanisms as part of its regulatory framework.
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Baldwin, Richard. "The World Trade Organization and the Future of Multilateralism." Journal of Economic Perspectives 30, no. 1 (February 1, 2016): 95–116. http://dx.doi.org/10.1257/jep.30.1.95.
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When the General Agreement on Tariffs and Trade was signed by 23 nations in 1947, the goal was to establish a rules-based world trading system and to facilitate mutually advantageous trade liberalization. As the GATT evolved over time and morphed into the World Trade Organization in 1993, both goals have largely been achieved. The WTO presides over a rule-based trading system based on norms that are almost universally accepted and respected by its 163 members. Tariffs today are below 5 percent on most trade, and zero for a very large share of imports. Despite its manifest success, the WTO is widely regarded as suffering from a deep malaise. The main reason is that the latest WTO negotiation, the Doha Round, has staggered between failures, flops, and false dawns since it was launched in 2001. But the Doha logjam has not inhibited tariff liberalization—far from it. During the last 15 years, most WTO members have massively lowered barriers to trade, investment, and services bilaterally, regionally, and unilaterally—indeed, everywhere except through the WTO. For today's offshoring-linked international commerce, the trade rules that matter are less about tariffs and more about protection of investments and intellectual property, along with legal and regulatory steps to assure that the two-way flows of goods, services, investment, and people will not be impeded. It’s possible to imagine a hypothetical WTO that would incorporate these rules. But the most likely outcome for the future governance of international trade is a two-pillar structure in which the WTO continues to govern with its 1994-era rules while the new rules for international production networks are set by a decentralized process of sometimes overlapping and inconsistent mega-regional agreements.
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Zedalis, Rex J. "Interpreting GATS Schedules: Saudi Arabia and Crude Oil Energy Services." Journal of World Trade 56, Issue 2 (March 1, 2022): 239–60. http://dx.doi.org/10.54648/trad2022010.
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The world has become increasingly sensitive to the need to shift away from the utilization of crude oil and other fossil fuels. Nonetheless, the former continues to be a major contributor to the energy industry. Many crude oil-rich nations rely on foreign suppliers to provide them with production know-how and technology services within the ambit of the 1994 General Agreement on Trade in Services. While the General Agreement on Trade in Services (GATS) contains several obligations of importance, the focus here is on the agreement’s market access and national treatment obligations. More narrowly, the Schedule of service sector commitments agreed to by Saudi Arabia, the world’s single largest crude oil exporter, is examined in the context of three important sectors essential to the crude oil industry. The examination is conducted through the lens of the basic interpretive principles articulated in and gleaned from the small handful of World Trade Organization (WTO) adjudicative decisions addressing the matter of GATS Schedule interpretation. This approach illustrates how those principles operate in the context of real language deployed in the actual Schedule of an important energy supplier. market access, national treatment, MA, NT, ‘bound’, ‘unbound’, ‘none’, horizontal, engineering, mining, construction, pipelines, Vienna Convention, CPC, Sectoral Classification, Article XVI, Article XX, Saudi Arabia
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Gopalan, Sandeep, and Christina Siyu Tao. "Piercing the Veil of Foreign Legal Services in China." Journal of World Trade 53, Issue 3 (June 1, 2019): 455–87. http://dx.doi.org/10.54648/trad2019021.
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China has revised and enacted measures to implement its legal services commitments; however, these measures have also led to the World Trade Organization (WTO) compliance concerns from other WTO members. Meanwhile, local decrees have been promulgated to allow deeper collaborations between local and foreign firms than China’s commitments to the General Agreement on Trade in Services (GATS). This situation is confusing understandings of foreign legal services in China. To pierce the veil and determine what is occurring, this article assesses whether China’s domestic measures are consistent with its WTO obligations, analyses the factors causing trade limitations, and envisages a mechanism to further the liberalization of foreign legal services. Moreover, this article provides a comprehensive understanding of foreign legal services in China.
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DELIMATSIS, PANAGIOTIS. "Concluding the WTO services negotiations on domestic regulation – hopes and fears." World Trade Review 9, no. 4 (September 15, 2010): 643–73. http://dx.doi.org/10.1017/s1474745610000364.
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AbstractThe negotiations under the aegis of the World Trade Organization (WTO) on the creation of rules on domestic regulations affecting trade in services have entered a critical stage. Within a general atmosphere of reflection and reluctance characterizing the Doha negotiations, this is the only front in recent years in which tangible progress is evident. This paper critically analyses the potential rules that Members currently appear to support and attempts to identify their shortcomings as well as those modifications or clarifications which are necessary to improve the impact and efficacy of the forthcoming rules (so-called ‘disciplines on domestic regulation’ in the parlance used in the General Agreement on Trade in Services – GATS). At the heart of the paper lies a thought-provoking proposal for a necessity test applicable across services sectors. Arguably, only a necessity test can allow for the elimination of unnecessary barriers to trade in services and regulatory arbitrariness.
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Cantore, Carlo Maria. "“How Does it Feel to Be on Your Own?” - Mutual Recognition Agreements and Non-Discrimination in the GATS: A Third Party's Perspective." German Law Journal 11, no. 7-8 (August 1, 2010): 705–39. http://dx.doi.org/10.1017/s2071832200018812.
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The aim of this working paper is to analyze the compatibility between two relevant provisions of the General Agreement on Trade in Services (GATS) under the World Trade Organization (WTO). The first is art. VII, Recognition, which seems to allow a Member to recognize standards of one or more Members—and not of others—without violating its GATS obligations, although this freedom should not be abused. The second is the general Non-Discrimination provision as of GATS art. II, since the aim of the GATS, at least as it reads in its preamble, is to provide a multilateral framework to trade liberalization in the services market on a non-discriminatory basis. Through the following pages, I will try to explain the rationale to sign Mutual Recognition Agreements (MRAs) and their impact on the GATS system. It is true that there is a general principle of transparency and openness of the MRAs, but it is necessary to get our hands dirty with the reality and understand if and how such an openness clause works.
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Raina, Akhil, and Simón Hernández. "Legal Problems with Data Localization Requirements: The Case of the Russian Federation." Global Trade and Customs Journal 15, Issue 9 (August 1, 2020): 445–59. http://dx.doi.org/10.54648/gtcj2020084.
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In times of turbulence for international trade, some issues stand out as ‘cutting-edge’. Trade in data, and data-related services are a part of those ‘frontier’ conversations. To this end, a peculiar kind of measure has emerged since 2013: data-localization requirements (DLRs) mandate that only domestic service suppliers can process data of the citizens of a particular country. Several prominent players in the trading landscape, including the United States and China, have imposed such measures. Similar legislation has been enacted by the Russian Federation (RF), which is analysed herein. Before assessing measures imposed by the RF, the authors set out the landscape of the General Agreement on Trade in Services (GATS), particularly the obligations relating to Market Access under Article XVI. Drawing heavily on WTO jurisprudence, the authors demonstrate that the RF measures in question fall within the scope of the GATS and violate the RF’s obligations under Article XVI; and further, that such violation cannot be justified under ArticlesXIV or XIVbis. To this end, the authors contribute to the existing literature on a subject which is becoming exponentially significant as time moves on. World Trade Organization; General Agreement on Trade in Services; Market Access; Cross-border Supply; National Treatment; General and Security Exceptions; Personal Data, Processing of Personal Data, Data Localization Requirements; and Russian Federation
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DIEGO-FERNÁNDEZ, MATEO. "Trade negotiations make strange bedfellows." World Trade Review 7, no. 2 (April 2008): 423–53. http://dx.doi.org/10.1017/s1474745608003832.
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AbstractSince its creation, the GATT/WTO has experienced a vast number of changes, from being a small agreement with 23 contracting parties to becoming an international organization with 151 Members; from negotiations on a limited number of tariff reductions and general rules to embracing wider and more sensitive areas, such as agriculture, services, intellectual property and environment; and from a main-trading-powers' leadership to a wider participation and more balanced reflection of interests from both developed and developing countries alike. This article attempts to demonstrate the pragmatism of coalitions, as well as both the costs and benefits of creating or joining them in the current framework of negotiations in the Doha Round.
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Adlung, Rudolf. "Poison in the Wine? Tracing GATS-Minus Commitments in Regional Trade Agreements." Journal of World Trade 46, Issue 5 (October 1, 2012): 1045–82. http://dx.doi.org/10.54648/trad2012033.
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Commitments in regional trade agreements (RTAs) that fall short of the same countries' obligations under the General Agreement on Trade in Services (GATS) are a relatively frequent phenomenon. However, they have gone widely unnoticed in the literature to date and drawn little attention in World Trade Organization (WTO) fora. Nevertheless, such 'minus commitments' are poisonous. Given the broad definitional scope of the GATS, extending inter alia to commercial presence, they may affect third-country investors, cast doubts on the status of the respective agreements under the GATS and have severe implications for the trading system overall. Without clear cross-references to existing GATS commitments, many RTAs remain insulated and are virtually impossible to multilateralize. This study seeks to develop a reasonably comprehensive picture of the frequency of 'minus commitments' and their dosage in terms of sectors, measures and modes of supply. It also discusses potential remedies from a WTO perspective.
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Tsygankova, Tetiana, Olha Yatsenko, Tetiana Tananaiko, Ganna Solodkovska, Viktoria Olefirenko, and Anna Ishchenko. "FREE TRADE AGREEMENTS IN THE WORLD TRADE SYSTEM: BENEFITS AND MODELS." Financial and credit activity problems of theory and practice 6, no. 47 (December 30, 2022): 172–81. http://dx.doi.org/10.55643/fcaptp.6.47.2022.3925.
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It is indicated that one of the characteristic features of the modern trade system is the rapid growth of the number of regional trade agreements, which, in turn, causes asymmetry in the dominance of regional cross-border trade rules over multilateral ones. The main advantages for countries from participating in regional trade agreements have been identified: the possibility of excluding "vulnerable sectors" from the agreement; the ability to independently choose partners in negotiations; the use of the principle of "reciprocity" is more effective compared to the World Trade Organization, the possibility of forming the image of a regional leader; within the framework of such agreements, it is possible to carry out "experimental application" of certain new measures in the field of trade, which, if successfully tested, can be tried to be applied in general mode; the possibility of attracting more foreign investments by developing countries that are not regional leaders. After examining the degree of involvement of countries in concluding regional trade agreements for the presence of regional asymmetries, a significant difference was identified from the maximum involvement of the countries of the European region (on average 33.2 agreements per country) and the countries of Africa (2.7) and the Middle East (3.9). It is proposed that one of the vectors of the development of Ukraine's foreign economic policy should be the expansion of the scope of current and future regional trade agreements to the sphere of services, e-commerce and investments, given the potential, their compliance with the global trends of the trading system, as well as the ability of Ukraine to become a significant player in a number of markets for services and trade in digital products, taking into account the availability of an up-to-date legal framework on these issues. It was determined that 50% of Ukraine's commodity exports during 2016-2021 took place within the framework of the preferential regime provided for by key free trade agreements. According to the results of the proposed forecast of such exports for the period 2021-2023, using the method of time series analysis, it was confirmed that the corresponding dependence will only grow (export volumes within the framework of free trade agreements will grow by 3 percent annually, while total exports by 2%).
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Popovic-Petrovic, Ivana. "World Trade Organization: Establishment, functions, objectives." Medjunarodni problemi 56, no. 1 (2004): 93–113. http://dx.doi.org/10.2298/medjp0401093p.
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The establishment of the International Trade Organisation was aimed at completing the process of institutionalisation of the international economic relations. The process began at Bretton Woods in 1944 with the establishment of The International Monetary Fund and the International Bank for Reconstruction and Development. This integration entity was planned to become a foundation of the post-war order, and was going to have a broader influence and importance than the economic one. A third pillar of the International Trade Organization has never been established, but that is why the General Agreement on Tariffs and Trade (GATT) came into life. It is one of those agreements, whose nearly fifty-year duration had surpassed even the duration of some states. By carrying out trade negotiations, GATT adopted to new needs. However, the moment its integrity got questioned and such a special idea began to die out, the way was found to preserve the GATT achievements and to have the innovative approach join them. This was done with the establishment of the World Trade Organisation, as an international organisation that manages multilateral agreements in the area of trade (GATT), the trade of services (GATS) and the trade aspects of the intellectual property rights. The institution is of multinational and supranational character. It has its own structure that includes the Ministerial Conferences, the General Council and the Secretariat. The WTO continues a long tradition in GATT of seeking to make decisions not by voting but by consensus, although there are also "circles of decision making" that are gradually narrowing down with the degree of the achieved economic power. The WTO is today a primary concept whose main task is to work on bringing into practice the long-standing idea of free trade. In order to achieve this, it is necessary to abide by the basic principles which the WTO has four of. They are: non-discrimination, reciprocity, market approach and fair competition. If one draws a parallel between a product?s life cycle and GATT?s life, one can understand why GATT itself had reached its peak, but was also gradually surpassed. This is why the establishment of the World Trade Organization was a new opportunity to attain all that that GATT had not managed to attain, and to set new goals for the new century. With the establishment of the WTO, GATT was transformed into an organization, and its scopes were considerably broadened. According to the author, there are several challenges before the WTO. Primarily, the process of solving problems on a multilateral level should be continued. Also facing the still powerful forces fighting for the preservation of protectionism, more pronounced in industrial countries although present in developing ones, should be continued. Even if liberalized non-discriminatory trade and investment policy are achieved, the WTO will maintain its importance as a forum for talks on new areas and issues. Perhaps the biggest challenge in the WTO?s future is to work on further integration of developing countries into the world economic trends. The process of decision making itself is perhaps the best opportunity to show to the developing countries that something has changed, the author concludes.
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Jain, Abhimanyu George. "Derivatives as a Test Case for International Financial Regulation through the WTO." Journal of World Trade 48, Issue 1 (February 1, 2014): 135–65. http://dx.doi.org/10.54648/trad2014006.
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Can the WTO play a role in international financial regulation? This paper examines that question focusing specifically on the regulation of international derivatives, reasoning that if that complex and controversial category of instruments can be successfully regulated, international financial regulation generally is theoretically possible. It goes on to describe how such regulation may be achieved through the World Trade Organization (WTO) employing the General Agreement on Trade in Services (GATS) framework, and then demonstrates that the vesting of such regulatory authority in the WTO is in the interests of international finance, international trade and international economic relations generally.
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Amana, Amade Roberts. "The liberalization of air services: prospects and challenges for the Indian economy." Journal of International Trade Law and Policy 14, no. 1 (March 16, 2015): 49–66. http://dx.doi.org/10.1108/jitlp-04-2014-0007.
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Purpose – The purpose of this paper is to examine, with a specific reference to the Indian economy, the interface between the World Trade Organization (WTO)/General Agreement on Trade in Services (GATS) disciplines and aviation services; the challenges to the incorporation of air services regimes into the world trade treaty; and the alternative routes for the liberalization of air services markets. Design/methodology/approach – The paper adopts the doctrinal approach to legal research in analyzing literature on the integration of air services into the multi-lateral trading system. The paper takes a critical look at the current state of the aviation industry, the rationales and routes for liberalization, as well as the challenges facing it. Findings – The paper reveals the state of the Indian aviation market and its preparedness for integration into the global market system. The merit of a gradual approach is examined. Research limitations/implications – The WTO framework offers the traditional route for the liberalization of trade. However, since the inception of air travel, air traffic rights have been traded between countries on a bilateral basis, involving concepts of sovereignty over national airspace. The paper offers some ideas on how the two can be integrated. Originality/value – The research draws on recent events in the Indian aviation sector. It is of importance, especially to other emerging economies with similar social-economic indicators. It objectively questions the rationales for liberalization or globalization and its merits.
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Liang, Ping, Daniel M. Gropper, and Steven B. Caudill. "What Determines the Foreign Ownership Share of a Country's Banking Assets?" Review of Pacific Basin Financial Markets and Policies 14, no. 03 (September 2011): 535–61. http://dx.doi.org/10.1142/s0219091511002226.
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The main purpose of this paper is to examine the roles of economic and political factors in explaining the foreign ownership share of a country's banking assets. In particular, our study includes new market-openness and regulation variables. The General Agreement on Trade in Services is an important element that affects financial sector regulation of every current and potential World Trade Organization member country, and opening financial markets is an important goal of this agreement. We find that the market openness index developed by Barth et al. (2010) bears a statistically significant relation to foreign ownership, as expected, and that regulation, rule of law, and profit opportunities are also important determinants of foreign ownership of bank assets.
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MULLER, GILLES. "Troubled Relationships under the GATS: Tensions between Market Access (Article XVI), National Treatment (Article XVII), and Domestic Regulation (Article VI)." World Trade Review 16, no. 3 (February 16, 2017): 449–74. http://dx.doi.org/10.1017/s1474745616000471.
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AbstractThe General Agreement on Trade in Services (GATS) was adopted in order to establish meaningful liberalization rules, while preserving the right of Members to regulate. To that end, three provisions form the centerpiece of liberalization: market access (Article XVI GATS), national treatment (Article XVII GATS), and domestic regulation (Article VI GATS). Although these provisions contain different obligations, in certain conditions they can overlap. How this issue is resolved could undermine the delicate balance between liberalization and the right to regulate. As the GATS provides no guidance, the task of determining the applicable rules has been delegated to the World Trade Organization (WTO) adjudicating bodies. This paper examines how the three provisions have been interpreted, and analyzes the most applicable way to address the diversity of barriers to trade in services.
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Gastorn, Kennedy. "The Progressive Liberalization of Trade in Services under the East African Community Common Market Protocol: Reviewing its Trends in the Light of the World Trade Organization General Agreement on Trade in Services." Recht in Afrika 18, no. 2 (2015): 199–224. http://dx.doi.org/10.5771/2363-6270-2015-2-199.
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Raza, Werner. "The WTO – a driving force for the liberalisation of public services in the EU?" Transfer: European Review of Labour and Research 14, no. 2 (January 1, 2008): 277–94. http://dx.doi.org/10.1177/102425890801400208.
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Liberalisation of public services can be implemented not only through autonomous legislative action by individual countries, but also as a consequence of obligations arising from membership of supranational or international organisations. This article analyses how the process of the commodification of services at the level of the WTO, i.e. via the General Agreement on Trade in Services (GATS), interacts with the politics of trade and services liberalisation in the European Union. Thus, we highlight the specific role of services negotiations in the WTO for the political dynamics of liberalising public services in the EU. Our conclusions highlight three specific functions of the GATS agreement: first, it serves as an institutional mechanism to ‘lock-in’ liberalisations achieved at a national or European level, secondly, it exercises a disciplinary effect on national regulation, and, thirdly, it provides an additional platform for the application of forum-shifting in the politics of international trade.
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Mukherjee, Deeparghya. "Services traded for intermediate and final usage." Journal of Economic Studies 45, no. 3 (August 13, 2018): 459–97. http://dx.doi.org/10.1108/jes-11-2016-0237.
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Purpose The purpose of this paper is to investigate and assess the trends of bilateral services trade in the world segmented by trade for final consumption and intermediate usage across several service sectors. The differential trends, if any, are studied while examining the role of free trade agreements which have a chapter on services trade as well as the role of services trade restrictions. The study unravels differences across service sectors in this respect. Design/methodology/approach The author uses an augmented gravity model to address the above using OECD- World Trade Organization (WTO) TiVA data for bilateral trade in intermediates and final products (October 2015 release) and World Bank Services Trade Restrictions Index (STRI). The poisson pseudo maximum likelihood estimation technique is used in light of the structure of the data. Trade creating and diverting effects are identified controlling for time and country-time specific effects. The following sectors are specifically looked at: total business sector services, computer and related services, financial intermediation, post and telecommunication, transport and storage, R&D and other business services, hotels and restaurants, construction, and wholesale and retail trade. Findings First, services free trade agreements (FTAs) have had a trade creating impact with no trade diverting impact for services trade in aggregate with stronger effects on services traded for intermediate usage. Second, financial intermediation and post and telecommunication have been left unaffected by services FTAs. While no trade diversion is concluded for any sector, R&D and other business services, transport and storage and wholesale retail trade show maximum trade creation effects in response to FTAs. Third, trade restrictions of mainly OECD countries are responsible for lowering exports for most sectors. Finally, in terms of policy implications, at a general level, the author does not find a significant difference in the author’s results for services traded for intermediate usage or final consumption except for a stronger effect of FTAs on intermediate services trade. Hence, the policies to foster services trade on both counts are concluded to be the same and deal with behind-the-border policies of domestic industrial policy reforms like national treatment of foreign firms, licensing requirements, FDI policies, etc. Research limitations/implications Statistics for services trade are limited. The data are only available for the years 1995, 2000, 2005, 2008, 2009, 2010 and 2011. Additionally, the conclusions on services trade restrictions are based on statistics for 2011 alone, since this is the only year for which the statistics are available. A complete time series for the entire sample period would increase robustness of the study with a better time variant version of the trade restrictiveness variable. Finally, in the construction of the OECD-WTO-TiVA database of a world IO table, there may have been approximations in constructing statistics for services traded for intermediate usage and final consumption. The results remain sensitive to the same but this is the best possible statistics available for the purposes. Originality/value This is the first study which looks at services trade segmented by trade for final consumption and intermediate usage taking advantage of the available data for a number of service sectors. The role of restrictions is also studied for the first time segmented by trade in intermediates and final consumption. The stronger effects of FTAs on intermediate services trade as well as financial intermediation and post and telecommunication services being insulated from effects of FTAs are important findings, especially since services are mainly thought to be traded for final consumption. Similar trends of results for services traded for intermediate usage and final consumption and restrictions affecting exports from exporter countries and imports by importer countries highlight the importance of behind-the-border domestic policies in facilitating or inhibiting services trade on both counts and more importantly for intermediate usage which, in turn, would improve goods tradability.
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LANG, ANDREW. "Beyond Formal Obligation: The Trade Regime and the Making of Political Priorities." Leiden Journal of International Law 18, no. 3 (October 2005): 403–24. http://dx.doi.org/10.1017/s0922156505002815.
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The World Trade Organization is often criticized for requiring its members to adopt policies which can detrimentally affect poor and vulnerable groups. Close analysis of the relevant provisions of WTO law, however, often reveals international trade obligations to be significantly more flexible than is commonly suggested. The author argues, however, that, on its own, detailed formal analysis of trade law paints an incomplete picture. Trade law also influences political choices by framing debates about trade policy – determining the arguments which can be made, who can make them, and in what forums they can be presented. The author illustrates this argument through a focused analysis of one controversy relating to the trade regime, namely the ‘GATS and water’ debate, and in particular the question of whether the General Agreement on Trade in Services may require the ‘privatization’ of water infrastructures.
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Ramirez, Turenna. "An Overview of the Mexico-Brazil Strategic Agreement for Economic Integration." Global Trade and Customs Journal 5, Issue 11/12 (November 1, 2010): 439–44. http://dx.doi.org/10.54648/gtcj2010055.
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In a globalized world, the negotiation of international treaties and agreements by two or more countries is more and more common. The exchange of goods, services, technology, and manufactures and the development of continental platforms for the regional distribution of products are some of the reasons countries pursue Agreements for preferential access to important markets. Some economies require a greater number of trade negotiations with various countries to increase market penetration and complement their productive sectors. This is the case of one of the trade partners of the United States of America, Mexico. Mexico started this globalization effort precisely with the North American Free Trade Agreement (NAFTA) negotiations. The governments of the three countries (Mexico, the United States, and Canada) found and encompassed in such Agreement the rules of the game to have preferential access to their markets, abiding by the provisions of the World Trade Organization (WTO) through its Marrakech Agreement and, certainly, the General Agreement on Tariffs and Trade (GATT) structure. In spite of the variety of problems generated in the member countries after the implementation of NAFTA, the benefits for the three countries have been evident. Specifically with respect to Mexico, exports increased dramatically, a productive force was created through export promotion programs, investment sectors previously closed were opened, productive and consumer sectors were complemented, etc. There may be certain areas where all expectations are not yet fulfilled, such as technology exchange. However, through the “maquila” or in-bond industry, Mexico has received technology but only to meet the manufacturing need of its productive processes. Most of the time, this technology is owned by the foreign companies in charge of the maquila activities in Mexico and remains only for a limited time in the country. Such technologies are not transferred with the purpose of being used in the development of new technology, so this is one of the goals that have not yet been achieved. The above is a good example of the need–mainly in developing countries–to complement free trade agreements with other similar agreements with different countries, offering mutual benefits and assuming shared responsibilities.
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Bismuth, Régis. "Financial Sector Regulation and Financial Services Liberalization at the Crossroads: The Relevance of International Financial Standards in WTO Law." Journal of World Trade 44, Issue 2 (April 1, 2010): 489–514. http://dx.doi.org/10.54648/trad2010017.
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This article provides an assessment of the relevance in World Trade Organization (WTO) law of the international financial standards set by the Basel Committee on Banking Supervision (Basel Committee), the International Organization of Securities Commissions (IOSCO), and the International Association of Insurance Supervisors (IAIS), international cooperation for a bringing together domestic financial regulators. This analysis gauges the potential use of these international financial standards in a potential future dispute settlement involving the domestic regulation of financial services. It demonstrates their relevance in WTO law as well as their both considerable and contested role in the institutional practice of the organization, thereby highlighting the incentives for regulatory harmonization that are embedded in the General Agreement on Trade in Services (GATS). The difficulties are mainly centred on the Basel Committee due to its limited membership, therefore not meeting the conditions of validity for the recognition of external standards laid down in the GATS, and also leading to the reluctance of some developing countries unwilling to endorse standards to which they have not previously agreed. More broadly, this study reflects on the potential tensions between plurilateral regulatory strategies and the multilateral context of the WTO and highlights the insufficient coordination between the international legal frameworks for the regulation and for the liberalization of financial services.
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Muller, Gilles. "National Treatment and the GATS: Lessons from Jurisprudence." Journal of World Trade 50, Issue 5 (October 1, 2016): 819–43. http://dx.doi.org/10.54648/trad2016033.
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Non-discrimination is one of the fundamental principles of the World Trade Organization (WTO). The National treatment is one of the provisions that translate the principle into concrete legal obligations. Under the General Agreement on Trade in Services (GATS), it aims to avoid discrimination between domestic and foreign services and service suppliers. The application of this obligation is subject to the fulfilment of cumulative conditions that are subject to interpretation. This has raised numerous issues regarding both the scope of application and requirements of Article XVII GATS. Over the past decade, WTO adjudicating bodies have issued several reports that address the interpretation of national treatment under the GATS. While this has clarified some points, other issues remain largely unresolved. This article discusses the interpretation of national treatment in the light of these recent developments.
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Simić, Milica, Antoaneta Vassileva, and Anđelka Aničić. "Economic aspects of the integration processes of the Republic of Serbia." Oditor 7, no. 2 (2021): 83–93. http://dx.doi.org/10.5937/oditor2102083s.
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Exchange of goods and services is the most important domain of economic cooperation between the Republic of Serbia with the world and is crucial for faster growth of gross domestic product (and thus expected economic growth rates and faster social development and rising living standards) in the coming period. Due to this, paper analyses the degree of involvement of the Republic of Serbia in total world exports, its most important foreign trade partners, the degree of openness of the economy and the share of exports in gross domestic product, analyzing the period from 2008 to 2017. The aim of this paper is to study specific relations between the Republic of Serbia and its most important foreign trade partners and their interdependence with the integration processes through multilateral and bilateral cooperation with the European Union, Eurasian Economic Union, World Trade Organization and Central European Free Trade Agreement. Based on the updated statistical research and analysis of the content of the basic determinants of bilateral agreements, recommendations were given for the future development of integration processes within the European Union and the Eurasian Economic Union.
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Gari, Gabriel. "Free Zone Incentives in MERCOSUR Countries and WTO Law." Global Trade and Customs Journal 6, Issue 5 (May 1, 2011): 223–44. http://dx.doi.org/10.54648/gtcj2011031.
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This article examines the consistency of the incentives offered by free zone regimes in Argentina, Brazil, Paraguay, and Uruguay with World Trade Organization (WTO) law. It suggests that some of the incentives offered to free zone users are inconsistent with the Agreement on Subsidies and Countervailing Measures (ASCM) because they constitute a 'subsidy' within the meaning of the ASCM, subject de iure or de facto to export performance, most notably, exemptions of direct taxes, exemptions of custom duties on the import of capital goods, exemptions of payment of social welfare charges, unqualified exemptions on payment of indirect taxes, and the possibility to supply goods or services to free zone users at promotional rates. By contrast, this article suggests that there are no significant inconsistencies between free zone incentives and the General Agreement on Trade in Services (GATS) but warns that the situation could change in the future if, as a result of multilateral negotiations, MERCOSUR countries opt for extending their GATS commitments to new sectors and modes of supply.
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Portanskiy, Alexey, and Evgeniy Galchenko. "Ten Years Ago, the World Trade Organization Opened Its Doors to Russia." International Organisations Research Journal 16, no. 3 (October 1, 2021): 220–37. http://dx.doi.org/10.17323/1996-7845-2021-03-10.
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This article begins with a brief discussion of the background of the USSR/Russia rapprochement with the General Agreement on Tariffs and Trade/World Trade Organization (GATT/WTO) and some of the acute problems of the negotiation process. It is argued that the Russian Federation has received acceptable, balanced conditions of membership. The advantages gained during the first years of WTO membership are listed, both for the national economy and in the foreign arena. However, it is shown that, 10 years later, the benefits of membership are significantly lower in comparison with initial projections. This gap is attributed to the state of the Russian economy and the extinction of the continuing economic model based on the extraction and export of raw materials. The Russian economy needs real structural reforms and modernization, which would change the structure of exports in favour of finished products and modern services. Only in this case can the benefits of WTO membership increase significantly, justifying the original forecast. The article concludes with a discussion of current challenges in the world economy and trade, the crisis experienced by the WTO, and the active position of the Russian Federation on the future reform of the WTO.
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Jung, Nu Ri, and Wonseok Woo. "The Korean Accountancy Market and Global Competition." International Studies Review 7, no. 2 (October 8, 2006): 77–98. http://dx.doi.org/10.1163/2667078x-00702005.
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Among the professions, accountancy services play an especially critical role in the market economy today; thus, there have been many World Trade Organization (WTO) attempts, beyond the General Agreement on Trade in Services (GATS), to liberalize the market for accountancy services. In response to this international demand, the Korean government announced the liberalization of its accounting market from 2007 and its full opening by 2011. This paper begins with an overview of the Korean accountancy market, including a SWOT analysis focused on the post-financial-crisis era. Next, it shows how the WTO pacts – especially the GATS and the Disciplines on Domestic Regulation in the Accountancy Sector (Disciplines) – and ‘Revised Conditional Offer on the Schedule of Specific Commitments’ for WTO services negotiations submitted by Korea on May 31, 2005 are used to eliminate these domestic regulatory barriers to international trade in accountancy services. Finally, the paper anticipates both the positive and the negative implications of accountancy market liberalization in Korea following from the removal of existing obstacles to cross-border trade. As the first sector to be disciplined under the GATS, the liberalized accountancy sector is likely to become the model for other professional services such as law, health, engineering and architecture. Hence this study can have significant implications that extend beyond the field of accounting.