Martinus Nijhoff Online

 The World Trade Organization and Trade in Services

Contents

• • Preliminary Material (1-14)   (4M)
    • Jump to section:
    • Contents
    • Preface
    • List of Contributors
  • Introduction (15-22) by Kern Alexander and Mads Andenas   (4M)
  • The Gats in the Doha Round: a European Perspective (23-118) by Rafael Leal-Arcas   (5M)
    • Jump to section:
    • I. Introduction
    • II. The Doha Round
    • III. The GATS
    • IV. The EC in the Doha Round
    • V. Impact of the Nice Treaty and the EU Constitutional Treaty on Services Trade
    • VI. Epilogue and Recommendations
  • Twins, Siblings or Friends: the Conceptual Case of Goods and Services, Where Do We Stand and Where Could We Be Headed to? (119-160) by Deepali Fernandes   (4M)
    • Jump to section:
    • Introduction
    • Part I Services Their Significance and the Need for a Clearer Picture
    • Part II Distinguishing Features, Drivers and Trade Theory
    • Part III a Foundation for Looking Onwards, Some GATS Issues in Light of the GATT and Ongoing Services Negotiations
    • Conclusion
    • Bibliography
  • Proportionality and Balancing in Wto Law: a Comparative Perspective (161-186) by Mads Andenas and Stefan Zleptnig   (4M)
    • Jump to section:
    • I. Introduction
    • II. The Principle of Proportionality
    • III. Balancing in the WTO
    • IV. Conclusion
    • References
  • The Principle of Non-discrimination and Its Exceptions in Gats: Selected Legal Issues (187-218) by Federico Ortino   (4M)
    • Jump to section:
    • Introduction
    • Part I National Treatment and General Exception
    • Part II MFN and Economic Integration Agreements
    • Conclusion
  • Gats and Domestic Regulation: Balancing the Right to Regulate and Trade Liberalization (219-278) by Jan Wouters and Dominic Coppens   (4M)
    • Jump to section:
    • 1. Introduction
    • 2. The Weighing Scale of GATS: Balancing Members’ Right to Regulate and Trade Liberalization
    • 3. General Framework of GATS
    • 4. Article VI on Domestic Regulation within the Framework of GATS
    • 5. Conclusion: Balancing the Right to Regulate and Trade Liberalization, Equilibrium Reached?
  • Gats Negotiations on Domestic Regulation a Developing Country Perspective (279-332) by Mina Mashayekhi and Elisabeth Tuerk   (4M)
    • Jump to section:
    • 1. Introduction
    • 2. Origins, Milestones and Main Objectives of the Negotiations on Domestic Regulation
    • 3. Key Aspects of the Future Disciplines
    • 4. A Developing Country Perspective
  • A Review of the Wto Regime for Telecommunications Services (333-394) by Marco Bronckers and Pierre Larouche   (4M)
    • Jump to section:
    • Section One: the Inclusion of Telecommunications Services in the WTO
    • Section Two: a Brief Overview of the WTO Telecommunications Negotiations
    • Section Three: the Commitments Relating to Telecommunications Services in the WTO
    • Section Four: Implementation of WTO Commitments
    • Section Five: the WTO Telecommunications Commitments in a Broader Context
    • Section Six: Milestone or Stepping Stone? a Concluding Assessment
    • Reference Paper
  • The Gats and Internet-based Services: between Market Access and Domestic Regulation (395-424) by Stefan Zleptnig   (4M)
    • Jump to section:
    • Abstract
    • A. Introduction
    • B. Multilateral Trade Liberalisation through the GATS
    • C. National and International Regulation of Internet-Based Gambling
    • D. The Main GATS Obligations
    • E. Market Access for Internet-Based Services: Does a Prohibition on Internet-Based Gambling Violate Art. XVI GATS?
    • F. Conclusions
  • Reconciling Liberalized Trade in Financial Services and Domestic Regulation (425-442) by Christine Kaufmann and Rolf H. Weber   (4M)
    • Jump to section:
    • Abstract
    • Introduction
    • 1. Prudential Supervision in WTO Law
    • 2. Prudential Carve-Out in Perspective: the International Framework
    • 3. Domestic Regulation under WTO Jurisprudence: US-Gambling
    • 4. Conceptual Implications
    • 5. Conclusions
  • Dispute Settlement under the Gats: the Gambling and Telecoms Cases (443-474) by Brendan McGivern   (4M)
    • Jump to section:
    • I. US—Gambling
    • II. Mexico—Telecoms
  • Gats Article XVI and National Regulatory Sovereignty: What Lessons to Draw from Us—gambling? (475-496) by Lode Van Den Hende and Herbert Smith LLP   (4M)
    • Jump to section:
    • Introduction
    • Market Access Restrictions under Article XVI GATS, as Interpreted and Applied by the Appellate Body in US—GAMBLING
    • Academic and Official Criticism: ‘Intrusion into the Regulatory Freedom of WTO Members Far beyond What Was Originally Agreed to in the WTO Treaty
    • Interpreting and Applying GATS in the Real World Where WTO Members Negotiate on the Progressive Liberalisation of Trade in Services
    • Conclusion
    • References
  • Rethinking Retaliation in the Wto Dispute Settlement System: Leveling the Playing Field for Developing Countries in Asymmetric Disputes (497-522) by Klint Alexander and Ph.D. J. D   (4M)
    • Jump to section:
    • I. Introduction
    • II. The WTO Dispute Settlement System
    • III. WTO-Authorized Retaliation in Practice: Case Studies in Compliance and Noncompliance
    • IV. Alternative Remedies for Improving Compliance with WTO Rules in Asymmetric Disputes
    • Conclusion
  • Gats’s Non-violation Complaint: Its Elements and Scope Comparing to Gatt 1994 (523-572) by Abd El-Rehim Mohamed Al-Kashif   (4M)
    • Jump to section:
    • I. Introduction
    • II. Elements of Non-Violation Complaint
    • III. Burden of Proof
    • IV. Remedies in GATS’s Non-Violation Disputes
    • V. Conclusion
  • The Gats and Financial Services: Liberalisation and Regulation Inglobal Financial Markets (573-614) by Kern Alexander   (4M)
    • Jump to section:
    • Introduction
    • I. The Origins of the World Trade Organization—BACKGROUND to the GATS
    • II. The Uruguay Round Negotiations and the Financial Services Agreement
    • III. The General Agreement on Trade in Services
    • Dispute Resolution
    • WTO Decision-making and Institutional Linkages
    • Conclusion
    • References
  • The Prudential Carve-out (615-628) by Wei Wang   (4M)
    • Jump to section:
    • I. Negotiating History of Prudential Carve-out under the WTO
    • II. Definition of Prudential Carve-out
    • III. Scope of Prudential Carve-out
    • IV. Beneficiaries of Prudential Carve-out
    • V. Standards of Prudential Carve-out
    • VI. Conclusion
  • Alternative Approaches to Financial Services Liberalisation: the Role of Regional Trade Agreements (629-648) by John Cooke   (4M)
    • Jump to section:
    • I. Brief Retrospect: Approaches to Financial ServicesLiberalisation to Date
    • II. The Doha Round and Factors Influencing It
    • III. Future Prospects
    • IV. The GATS Multilateral Process
    • V. Bilateral or Regional Trade Agreements
    • VI. Other Approaches to Liberalisation
    • Conclusion
    • Bibliography
    • Annex a
    • Annex a
  • How Far Is Basel from Geneva? International Regulatory Convergence and the Elimination of Barriers to International Financial Integration (649-726) by Apostolos Gkoutzinis   (4M)
    • Jump to section:
    • Abstract
    • I. Introduction
    • II. The Conceptual Elements of International Financial Integration
    • III. Examining the Barriers to International Financial Integration
    • IV. The Treatment of Regulatory Diversity in Formal Legal Instruments of Financial Integration
    • V. International Regulatory Harmonization and International Financial Standards
    • VI. Addressing Regulatory Diversity and Promoting Integration through ‘Soft’ Regulatory Convergence
    • VII. In Lieu of Conclusion—Debating the Future Direction of International Financial Regulatory Convergence as an Instrument of Financial Integration
  • The Gats and the Legal Framework of the Chinese Banking Sector (727-758) by Wei Wang   (4M)
    • Jump to section:
    • I. Introduction
    • II. Legal Framework of Chinese Banking Regulation
    • III. Some Shortcomings of the Legal Framework of Chinese Banking Regulation
    • IV. Discriminatory Treatment of Foreign-Funded Banks
    • IV. Concluding Suggestions
  • International Trade in Financial Services and the Gats (759-768) by Alastair Evans   (4M)
    • Jump to section:
    • Barriers to Entry in Insurance Markets
    • The Challenge to the Global Insurance Industry
    • The Role of Regulation and GATS Article VI
    • The Need for Regulation That Is Necessary, Legitimate and Proportionate
    • Conclusion
  • One Insurance Services and Recent Trade Negotiations (769-776) by David F. Snyder   (4M)
    • Jump to section:
    • Introduction
    • Failure at the WTO
    • The Crippling Linkage with Agriculture and Manufacturing
    • The Common Issues Confronting WTO Negotiators
    • Progress through Bilateral Negotiations
    • Conclusion
  • Two Model Schedule of Wto Commitments for Investment Banking, Trading, and Asset Management: Explanatory Memorandum (777-786)   (4M)
    • Jump to section:
    • I. Introduction
    • II. Commitments in the Model Schedule
    • Annex a How to Read the Model Schedule
  • Three the Gats and Higher Education: Challenging the Nation State’s Notion of the University (787-836) by Michael Moosberger   (4M)
    • Jump to section:
    • Introduction
    • I. The GATS Agreement and Globalisation Theory
    • II. The GATS and Higher Education—an Incomplete Debate
    • III. The Deterritorialisation of Higher Education
    • IV. Continued State Influence
    • Conclusion
    • Bibliography
  • Four Cultural Diversity and International Trade—taking Stock and Looking Ahead (837-858) by Rolf H. Weber   (4M)
    • Jump to section:
    • 1. Introduction
    • 2. From Many Voices to Diversity
    • 3. Cultural Diversity in the Trade Liberalization Context
    • 4. Reconciliation of Cultural Diversity Interest and Trade Liberalization
    • 5. Outlook
  • Five the Unesco Convention for Theprotection and Promotion of the Diversity of Cultural Expressions (859-916) by Toshiyuki Kono   (4M)
    • Jump to section:
    • Introduction—Why Culture? Why GATS?
    • 1. Historical Roots of the Trade/Culture Tension
    • 2. Cultural Conscience and Free Trade: Problems with the Existing Provisions
    • 3. Desire to Treat Culture as an Exception
    • 4. What after the Failure of the Uruguay Round?
    • 5. Temporary Legal Standstill in Liberalizing the Audiovisual Sector under GATS
    • 6. The Cultural Issue Extracted from the WTO and beyond
  • Appendices (917-990)   (4M)
    • Jump to section:
    • Appendix a General Agreement on Trade in Services
    • Appendix B Model Schedule of Wto Commitments for Investment Banking, Trading, and Asset Management
    • Appendix C Insurance Model Schedule & Best Practices
  • Index (991-1024)   (4M)