legal guide to the gats global trade law

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Legal Guide To Gats

Author : Nellie Munin
ISBN : 9789041128249
Genre : Law
File Size : 30. 44 MB
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According to the WTO, over a fifth of world trade consists of transactions in services. The General Agreement on Trade in Services (GATS) was created to extend the multilateral trading system to services, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for trade in goods. Given its reach, the treaty's significance continues to grow.

International Trade In Legal Services

Author : Sydney M. Cone
ISBN : STANFORD:36105060137390
Genre : Law
File Size : 63. 65 MB
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INTERNATIONAL TRADE IN LEGAL SERVICES is a comprehensive guide to launching or expanding a successful legal practice in foreign markets. Written by the world-renowned international law expert Sydney M. Cone of Cleary, Gottlieb, Steen and Hamilton this incomparable practice tool offers the expert advice and jurisdiction-specific information you need to mine your foreign practice opportunities to the fullest. Whether you are just planning your entry into a new jurisdiction or seeking to expand your current foreign office, you'll find this reference essential reading. the book distills the expert insights and masterful strategies developed by Cone and his partners over four decades of practice at a premier international law firm. In Part I, you gain an in-depth, practical working overview of the major players, markets, and multilateral rules governing foreign practice. You'll see how GATS works, how the rules have evolved, and what their practical implications are for the foreign lawyer. Parts II, III, and IV examine in detail the major legal centers in North America, Europe, Asia, and Australia respectively, providing specific, step-by-step guidance to the applicable rules, regulations, pitfalls, and opportunities.

Ownership Unbundling And Related Measures In The Eu Energy Sector

Author : Tilman Michael Dralle
ISBN : 9783319777979
Genre : Law
File Size : 67. 11 MB
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This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law. It does so by focusing on the prominent example of the EU’s energy sector and its Third Energy Package. Unbundling has become an increasingly crucial competition instrument in network-bound industries worldwide. It is designed to ensure access to bottleneck infrastructures on fair and non-discriminatory terms and thus to suppress the anti-competitive potential deriving from vertical integration in natural monopoly situations. While promoting important public policy objectives, unbundling policies have also raised a number of legal issues. This book analyzes how international economic law limits the adoption and maintenance of unbundling and related measures and also outlines how international trade law can play a ‘positive’ role in this field. As a result, it provides a valuable reference for academics, practitioners and policy-makers.

Regulation Of Energy In International Trade Law

Author : Julia Selivanova
ISBN : 9789041132642
Genre : Law
File Size : 48. 21 MB
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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex interlocking issues raised by examining that desideratum in the light of current reality. Concentrating on the application of WTO agreements to energy trade - as well as energy-related issues addressed in the current WTO negotiations - the authors offer in-depth discussion and analysis of such issues as the following: the effectiveness of existing WTO agreements in addressing issues pertinent to energy trade how restrictive practices of energy endowed countries can be tackled under existing international trade rules; existing frameworks for investment in highly capital-intensive energy infrastructure projects;and conditions for access to pipelines and transmission grids; regulation of energy services; bioenergy development and trade; energy issues addressed in the WTO accession negotiations of energy endowed countries; international instruments of resolution of energy-related disputes.

Non Discrimination In International Trade In Services

Author : Nicolas F. Diebold
ISBN : 9781139492126
Genre : Law
File Size : 23. 8 MB
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The principle of non-discrimination is fundamental to the regulation of international trade in goods and services. In the context of trade in goods, the concept of 'like products' has become a key element of the legal analysis of whether a trade obstacle violates GATT non-discrimination obligations. The equivalent concept of 'like services and service suppliers' in GATS rules on non-discrimination has received little attention in WTO jurisprudence. In light of the remaining uncertainties, Nicolas Diebold analyses the legal problems of the GATS 'like services and services suppliers' concept using a contextual and comparative methodology. The 'likeness' element is not analysed in isolation, but in context with 'less favourable treatment' and regulatory purpose as additional elements of non-discrimination. The book also explores how far theories from non-discrimination rules in GATT, NAFTA, BITs and EC as well as market definition theories from competition law may be applied to 'likeness' in GATS.

Classification Of Services In The Digital Economy

Author : Rolf H. Weber
ISBN : 9783642316357
Genre : Law
File Size : 24. 49 MB
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The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.

World Trade Law After Neoliberalism

Author : Andrew Lang
ISBN : 9780191656156
Genre : Law
File Size : 64. 41 MB
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The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.

The Law And Policy Of The World Trade Organization

Author : Peter Van den Bossche
ISBN : 9781107276598
Genre : Law
File Size : 75. 11 MB
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Since its first edition, this textbook has been the first choice of teachers and students alike, due to its clear introduction to the basic principles of the multilateral trading system and its detailed examination of the law of the World Trade Organization. The third edition continues to explore the institutional and substantive law of the WTO. Material has been restructured to closely align with teaching approaches making it even more user-friendly. It has been updated to incorporate all new developments in the WTO's body of case law. Questions and assignments are integrated to allow students to assess their understanding, while chapter summaries reinforce learning. Chapters end with an exercise reflecting real-life trade problems: these challenge students (and practitioners) and enable them to hone their analytical skills. This title is an essential tool for all WTO law students and will also serve as the practitioner's introductory guide to the WTO.

The Liberalization Of Maritime Transport Services

Author : Benjamin Parameswaran
ISBN : 3540222405
Genre : Business & Economics
File Size : 80. 39 MB
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Despite multiple efforts on the bilateral, regional and multilateral level to create uniform or at least harmonized rules for commercial operations and practices in the maritime transport sector and to liberalize maritime transport services by tearing down the barriers that exist in that sector, there is until today no global regime regulating (or rather deregulating) the supply of maritime transport services and ensuring open markets. In this situation, private economic actors are confronted with substantial legal uncertainty. This book provides a detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks, where Member States have the opportunity to work towards a global regime ensuring the progressive liberalization of the sector. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far.

Guide To The Gats

Author :
ISBN : 9041197753
Genre : Business & Economics
File Size : 80. 16 MB
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This work brings together in one volume the background papers on major service sectors prepared by the WTO Secretariat for the WTO's Council for Trade in Services, in preparation for the new round of negotiations which started in January 2000. Following an analysis of the economic effects of services liberalization, 19 chapters on individual service sectors consider the issues which WTO Members need to consider when framing their negotiating positions and objectives for the new round and preparing their industries for a more open trading environment: the economic importance of the sector; the manner in which it is regulated and traded; problems of definition and classification; and the pattern of commitments undertaken by Member governments under the GATS. Many of the papers also identify prevalent forms of trade restriction or discrimination and suggest areas for further work. In addition, the work includes a detailed description of the structure of services commitments as submitted by WTO Members with respect to the four modes of supply which constitute the definition of trade in services under the GATS. The contributions have been provided by experts of the Trade in Services Division of the WTO Secretariat, with responsibility for the services or subjects in question.

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