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Title Coherence and divergence in services trade law / Rhea Tamara Hoffmann, Markus Krajewski, editors
Published Cham : Springer, 2020

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Description 1 online resource
Series European Yearbook of International Economic Law, Special issue
European yearbook of international economic law. Special issue.
Contents Intro -- Preface -- Contents -- List of Contributors -- Introduction -- Coherence and Divergence in Agreements on Trade in Services: A Drama in Three Acts -- 1 Introduction -- 2 Act I: Trade in Services Before the WTO and the Origins of the GATS-Diverging Views on Trade in Services as a Stand-Alone To ... -- 2.1 Scene I: Minding the Conceptual Gap -- 2.2 Act 2: Services Rising -- 3 Act II: Addressing Regulatory Divergence and Bringing Coherence Through Multilateral Action -- 3.1 Scene 1: Making the Case for Global Services Regulation -- 3.2 Scene 2: Came, Saw and Conquered Coherence?
3.3 Scene 3: The GATS Flexibilities -- 3.4 Scene 4: The Evolving Nature of Services and the Static Classification System -- 4 Act III: .and Back Again: Increasing Divergence, Deepening Fragmentation? -- 4.1 Scene 1: The Disconnect Between Political Will and Economic Reality -- 4.2 Scene 2: The Great Divergence? -- 5 Conclusion -- References -- Services Liberalization by Sub-Central Entities: Towards Deeper Commitments? -- 1 Introduction -- 2 The Impact of Federalism on Services Trade Liberalization -- 3 Sub-Central Entities in the GATS Commitments of the US, Canada and the EU
4 Sub-Central Measures in Selected EIAs -- 4.1 CETA -- 4.2 NAFTA -- 4.3 US-Korea -- 4.4 Canada-Korea -- 4.5 The EU in EU-Korea and CETA -- 5 Conclusion -- Annex: Summarizing Table -- GATS Commitments -- EIA Commitments -- References -- Disciplines on Domestic Regulations Affecting Trade in Services: Convergence or Divergence? -- 1 Introduction -- 2 Recent Developments on Disciplines on Domestic Regulation -- 2.1 Developments at Multilateral Level -- 2.2 Developments at Regional Level -- 3 Disciplines on Transparency of Domestic Regulations -- 3.1 Overview -- 3.2 Duty to Publish
3.3 Duty to Consult -- 3.4 Duty to Inform -- 4 Disciplines on the Development of Domestic Regulations -- 4.1 Overview -- 4.2 Substantive Standards -- 4.3 Good Regulatory Practices -- 5 Disciplines on the Administration of Domestic Regulations -- 5.1 Overview -- 5.2 Submission of Applications -- 5.3 Processing of Applications -- 5.4 Other Procedural Requirements -- 6 Special and Differential Treatment for Developing Countries -- 7 Conclusions -- References -- Privacy and Data Protection in the EU- and US-Led Post-WTO Free Trade Agreements -- 1 Introduction
2 General Exception for Privacy and Data Protection -- 3 Telecommunications and Financial Services Chapters -- 4 E-commerce Chapters -- 5 Regulating Privacy and Data Protection in Digital Trade Chapters -- 5.1 The EU Approach to Privacy and Data Protection in Digital Trade Chapters -- 5.2 The US Approach to Privacy and Data Protection in Digital Trade Chapters -- 6 Conclusion -- References -- Addressing Digital Services in PTAs: Only Convergence in the 11th Hour? -- 1 Introduction -- 2 Digital Services Within the GATS Framework -- 2.1 The Broad Scope of the GATS Encompasses Digital Services
Summary This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation. A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether were currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services
Subject Trade regulation.
Free trade.
International economic & trade law.
International economics.
Law -- International.
Business & Economics -- International -- Economics.
Free trade
Trade regulation
Genre/Form Electronic books
Form Electronic book
Author Hoffmann, Rhea Tamara.
Krajewski, Markus, 1969-
ISBN 9783030469559
3030469557