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Liberalization of Trade in Legal Services

Author : Gilles Muller

Publisher : Kluwer Law International B.V.

Page : 527 pages

File Size : 10,81 MB

Release : 2013-08-01

Category : Law

ISBN : 9041148795

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Book Description

The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.



WTO Domestic Regulation and Services Trade

Author : Aik Hoe Lim

Publisher : Cambridge University Press

Page : 395 pages

File Size : 18,23 MB

Release : 2014-03-13

Category : Business & Economics

ISBN : 1107062357

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Book Description

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



Essentials of WTO Law

Author : Peter Van den Bossche

Publisher : Cambridge University Press

Page : 349 pages

File Size : 27,99 MB

Release : 2016-04-02

Category : Law

ISBN : 1107638933

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Book Description

This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.



Public Services and International Trade Liberalization

Author : Barnali Choudhury

Publisher : Cambridge University Press

Page : 379 pages

File Size : 11,23 MB

Release : 2012-11-01

Category : Law

ISBN : 1139789767

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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.



Opening Markets for Trade in Services

Author : Juan A. Marchetti

Publisher : Cambridge University Press

Page : 785 pages

File Size : 36,74 MB

Release : 2008

Category : Business & Economics

ISBN : 0521516048

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Book Description

This volume of essays explores the state of services liberalization and the regulation of international trade in services.



National Regulation and Trade Liberalization in Services

Author : Markus Krajewski

Publisher : Kluwer Law International B.V.

Page : 270 pages

File Size : 39,91 MB

Release : 2003-01-01

Category : Law

ISBN : 9041121412

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Book Description

Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.



The Public International Law of Trade in Legal Services

Author : David Collins

Publisher : Cambridge University Press

Page : 277 pages

File Size : 38,34 MB

Release : 2018-11-08

Category : Law

ISBN : 1108423523

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Book Description

Explores the international legal regime covering trade in legal services, considering major barriers and potential benefits to the global economy.



Domestic Regulation and Service Trade Liberalization

Author : Pierre Sauve

Publisher : World Bank Publications

Page : 246 pages

File Size : 28,74 MB

Release : 2003-08-29

Category : Political Science

ISBN : 0821383434

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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.





International Economic Law in the 21st Century

Author : Ernst-Ulrich Petersmann

Publisher : Bloomsbury Publishing

Page : 471 pages

File Size : 28,71 MB

Release : 2012-07-24

Category : Law

ISBN : 1847319815

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Book Description

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.