Approaches to Liberalizing Services


Book Description

Abstract: May 1999 - Liberalization of services at the subregional level has followed two broad approaches-the GATS model and the NAFTA model-neither of which automatically guarantees the full liberalization of trade in services. The question that participants in integration efforts at both the subregional and the broader regional level must ask is what kind of approach to liberalizing services offers both maximum transparency and the greatest degree of nondiscrimination for service suppliers. Only since completion of the Uruguay Round have developing countries in East Asia and the Western Hemisphere shown interest in liberalizing services. Ambitious efforts are now being made to incorporate services in liberalization objectives of both subregional and regional integration efforts, including in the Asia-Pacific region under APEC and in the Western Hemisphere under the Free Trade Area of the Americas (FTAA) process. At the subregional level, member countries of both ASEAN (in East Asia) and MERCOSUR (in Latin America) have chosen to follow the liberalization model set forth in the World Trade Organization's (WTO) General Agreement on Trade in Services (GATS), and to open their services markets gradually and piecemeal. In the Western Hemisphere, Mexico has successfully promoted the NAFTA model of a more comprehensive liberalization of services markets-and several Latin American countries have adopted the same approach. Regionally, APEC has chosen a concerted voluntary approach to liberalizing services markets. Within the Western Hemisphere, participants are defining which approach they will use in the negotiations on services launched as part of the FTAA in April 1998. In all these efforts, a stated desire to promote more efficient services markets is often hindered by reluctance to open services markets rapidly or comprehensively because of historically entrenched protectionism in the sector and ignorance of the regulatory measures that impede trade in services. Presumably it would be easier to liberalize services at the subregional level, among countries at similar stages of development (although liberalization's economic value there might be questioned). Liberalizing services at the broader regional level is a difficult and ambitious goal, given the diversity of countries involved in such efforts. Thus liberalization will probably move more slowly at the regional than at the subregional level-perhaps even more slowly than at the multilateral level. It is possible that the new round of multilateral talks on services scheduled to begin under the WTO in 2000 may well eclipse the recently begun regional efforts. This paper-a product of Trade, Development Research Group-is part of a larger effort in the group to assist developing countries in the multilateral trade negotiations. The author may be contacted at [email protected].










The Preferential Liberalization of Trade in Services


Book Description

This book fills an important gap in the trade literature by offering¾ a comprehensive cross-regional comparison of approaches to preferential market opening and rule-making in the area of trade in services. Chronicling the spectacular recent rise o







Liberalizing Service Trade


Book Description

A major success of the early post-war period was the negotiated reduction of barriers to international trade in commodities and manufactured goods, under the auspices of the GATT. The current challenge is to achieve a similar liberalization for trade in services - the sector which has overtaken manufacturing as the largest provider of jobs and growth in the advanced economies. The difficulties are legion. Data are scarce and definitions are contentious. There is no clear equivalent in services of the zero-tariff objective that can be defined in the trade of goods. Domestic service markets are often imperfect and each country has its own regulatory structure to protect consumers. Many developing countries are sceptical about the effects of freer service trade on their economies. This paper develops an analytical framework to clarify negotiating objectives. It assesses the European Community's approach to liberalization and warns of the dangers of seeking 'equivalent reciprocity'. It suggests that a different approach and set of objectives are appropriate to the GATT, which lacks well-defined procedures for policy review and settlement of disputes, and whose members are more diverse. Finally, it evaluates the prospects for multilateral service liberalization in the Uruguay Round and in the EC by 1992, and suggests that such efforts can be complemented by unilateral and bilateral liberalization in certain service sectors.




Domestic Regulation and Service Trade Liberalization


Book Description

Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.




Means of Liberalization and Beyond


Book Description

The scheduling approach constitutes a key element of services trade agreements as it is the means to pursue liberalization. This paper provides an overview of the scheduling approaches adopted in 187 trade agreements notified under GATS Article V as of 30 April 2022, analyses the differences between the positive and negative list approaches, and discusses their implications for negotiation strategies and trade policies. Theoretically, both positive and negative list approaches can achieve high level of liberalization as long as governments are willing to open market. We however note in this paper that the scheduling approach is not a stand-alone technique. Rather, it is associated with the design and legal structure of a services trade agreement as well as different core obligations. In addition, establishing a positive or a negative list usually entails different negotiation dynamics and internal consultation processes. With FTAs as important trade policy instruments fast evolving and deepening, governments are becoming more flexible and more "innovative" in their use of scheduling approaches, including creating different hybrid patterns to accommodate their sensitivities in certain sectors, supplementing the positive list with a standstill requirement, or allowing transition from the positive list to the negative list. Governments' practices in FTAs would be inspiring for future services trade negotiations, be it bilateral, plurilateral, or multilateral.




WTO Domestic Regulation and Services Trade


Book Description

Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.




Public Services and International Trade Liberalization


Book Description

Does public service liberalization pose a threat to gender and human rights? Traditionally considered essential services provided by a state to its citizens, public services are often viewed as public goods which embody social values. Subjecting them to market ideology thus raises concerns that the intrinsic social nature of these services will be negated. Moreover, as those most likely to be reliant on public services, public service liberalization may also further marginalize women. Nevertheless, states continue to increasingly liberalize public services. Barnali Choudhury explores the implications of public service liberalization. Using primarily a legal approach, but drawing from case studies, empirical research and gender theories, she examines whether liberalization under the General Agreement on Trade in Services and other liberalization vehicles such as preferential trade and investment agreements compromise human rights and gender objectives.