WTO Domestic Regulation and Services Trade: Putting Principles into Practice

WTO Domestic Regulation and Services Trade: Putting Principles into Practice

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Cambridge University Press, 3/13/2014
EAN 9781107635340, ISBN10: 1107635349

Paperback, 392 pages, 22.8 x 15.2 x 1.7 cm
Language: English

Domestic regulation of services sectors has a significant impact on services trade liberalization, which is why General Agreement on Trade in Services (GATS) disciplines are negotiated in the WTO. With the help of analyses and case-studies from academics, regulators and trade experts, this book explores the scope and limits of WTO legal principles to promote domestic regulatory reform. Case-studies discuss country-specific challenges and experiences of regulating important service sectors, such as finance, telecommunications, distribution, legal, education, health, postal and logistics services, as well as the role of regulatory impact assessments. The findings will interest trade officials, policy-makers, regulators, think tanks and businesses concerned with the implications of domestic regulation on access to services markets, and with the opportunities for formulating trade disciplines in this area. It is also a useful resource for academics and students researching regulatory approaches and practices in services sectors.

1. An introduction to domestic regulation and GATS Aik Hoe Lim and Bart De Meester
Part I. Impediments to Services Trade, Regulatory Theory and Principles
2. Why regulate? An overview of the rationale and purpose behind regulation Tinne Heremans
3. Domestic regulation
what are the costs and benefits for international trade in services? Hildegunn Kyvik Nordås
Part II. Legal Perspectives on WTO Principles and Domestic Regulations
4. Reasonableness, impartiality and objectivity Andrew Mitchell and Tania Voon
5. Balancing legal certainty with regulatory flexibility Markus Krajewski
6. Who's afraid of necessity? And why it matters? Panagiotis Delimatsis
7. Mutual recognition of services regulation at the WTO Joel P. Trachtman
Part III. Case-studies
8. Legal services in the United States Erica Moeser and Laurel Terry
9. Telecommunications reform in China
fostering competition through state intervention Henry Gao
10. Information communication technology
the Mauritian experience of regulation and reform Krishna Oolun
11. Regulation of postal services in a changing market environment
lessons from Australia and elsewhere Siva Somasundram and Iain Sandford
12. Mobile money services provision in East Africa
the Ugandan experience Joan Apecu, Irene Kaggwa Sewankambo and Yusuf Atiku Abdalla
13. Financial services liberalization and regulation in Japan
implications for future negotiation on market access and domestic regulations Masamichi Kono, Koichi Iwai and Yoshitaka Sakai
14. Domestic regulations in Malaysia's higher education sector Tham Siew Yean and Nik Ahmad Kamal Nik Mahmod
15. Domestic regulations and India's trade in health services
a study of hospital and telemedicine services Rupa Chanda and Pralok Gupta
16. Operating integrated logistics services in a fragmented regulatory environment
what is the cost? Ruosi Zhang
17. Domestic regulation of retail food distribution services in Israel
the missing link between food prices and social protest Tomer Broude and Lior Herman
18. Regulatory impact analysis Darrell Porter and Lauren Wight
Part IV. Concluding Remarks
19. Services liberalization, negotiations and regulation
some lessons from the GATS experience Hamid Mamdouh
20. Addressing the domestic regulation and services trade interface
reflections on the way ahead Aik Hoe Lim and Bart De Meester.