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This paper presents the results of a four-year project tackling several issues relating to multilateral and preferential trade in services. One of the underlying organising principles of our research on services trade has been a presumed fault line between the innate coherence that is achieved...
Persistent link: https://www.econbiz.de/10014204102
Market access is the most important liberalizing principle in the General Agreement on Trade in Services (GATS). It entails a general prohibition of quantitative restrictions, which however is conditional on commitments undertaken by Members in their respective Schedules of Commitments. Case-law...
Persistent link: https://www.econbiz.de/10014081977
Can a WTO Member discriminate against foreign suppliers of services located in jurisdictions that refuse to share information with a government to permit it to determine if its nationals engage in tax evasion? Does it matter if the Member uses standards developed by an international body as the...
Persistent link: https://www.econbiz.de/10012948222
Trade regulation may never have been in more flux than it is now. Other than the emergence of ‘megaregionals' (such as the Transatlantic Trade and Investment Partnership-TTIP or the Trans-pacific Partnership-TPP) and the difficulties in finalizing the Doha Development Agenda, increased...
Persistent link: https://www.econbiz.de/10013022797
Transnational technical standard-setting has grown in prominence in recent years. The World Trade Organization (WTO) requires the use of international standards but adopts a deferential approach towards international standards. However, practice shows that several international standards are...
Persistent link: https://www.econbiz.de/10012919294
Agreed commitments under GATS — both general and specific — amount to substantial qualifications to the exercise of sovereignty and powers in shaping domestic regulation of services. Members therefore agreed to introduce security exceptions aimed to preserve Members’ freedom of action in...
Persistent link: https://www.econbiz.de/10013244018
This contribution offers a comprehensive analysis of Art. XIX GATS, entitled “Negotiation of Specific Commitments”, which clarifies the manner in which negotiations under the GATS should proceed in order to progressively achieve higher levels of liberalization. This provision also identifies...
Persistent link: https://www.econbiz.de/10013244020
This paper constitutes a tour d'horizon relating to institutional transparency in the WTO decision and judicial making. The paper critically reviews the most topical challenges for the internal and external transparency of the international organization regulating global trade and puts forward...
Persistent link: https://www.econbiz.de/10013106109
This note attempts to map the relevance of the emerging global law advocacy for the WTO. In this regard, it understands global law as an attempt to describe a growing decrease of the regulatory State and an ensuing increase of private rule-making. Global law intends to generate new thinking...
Persistent link: https://www.econbiz.de/10013090189
Owing to innovations and a growing consumer demand for better and safer products, the number of technical standards has been steadily increasing in recent years. As standardization is a major catalyst to global commerce, The World Trade Organization (WTO), a typical consensus-driven...
Persistent link: https://www.econbiz.de/10013048143