Liberalization Of Trade In Legal Services

Author : Gilles Muller
Publisher : Kluwer Law International B.V.
Page : 505 pages
File Size : 47,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9789041148797

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Liberalization of Trade in Legal Services by Gilles Muller Pdf

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.

Author : David Collins
Publisher : Cambridge University Press
Page : 277 pages
File Size : 47,5 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108423526

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The Public International Law of Trade in Legal Services by David Collins Pdf

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

Author : Organisation for Economic Co-operation and Development
Publisher : OECD
Page : 274 pages
File Size : 53,8 Mb
Release : 1997
Category : Business & Economics
ISBN : STANFORD:36105020416132

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International Trade in Professional Services by Organisation for Economic Co-operation and Development Pdf

Proceedings of the 3rd OECD Workshop on Professional Services, held in Paris, 20-21 February 1997

Author : Rhea Tamara Hoffmann,Markus Krajewski
Publisher : Springer Nature
Page : 279 pages
File Size : 49,5 Mb
Release : 2020-07-23
Category : Law
ISBN : 9783030469559

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Coherence and Divergence in Services Trade Law by Rhea Tamara Hoffmann,Markus Krajewski Pdf

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 we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

Author : Markus Krajewski
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 55,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121417

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National Regulation and Trade Liberalization in Services by Markus Krajewski Pdf

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.

Author : Rüdiger Wolfrum,Peter-Tobias Stoll,Clemens Feinäugle
Publisher : BRILL
Page : 816 pages
File Size : 54,9 Mb
Release : 2008-05-19
Category : Business & Economics
ISBN : 9789047427360

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WTO - Trade in Services by Rüdiger Wolfrum,Peter-Tobias Stoll,Clemens Feinäugle Pdf

This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications.

Author : Organisation for Economic Co-operation and Development
Publisher : OECD
Page : 332 pages
File Size : 42,7 Mb
Release : 1996
Category : Free trade
ISBN : UCBK:C083778383

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International Trade in Professional Services by Organisation for Economic Co-operation and Development Pdf

Author : Barnali Choudhury
Publisher : Cambridge University Press
Page : 379 pages
File Size : 51,8 Mb
Release : 2012-11-01
Category : Law
ISBN : 9781139789769

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Public Services and International Trade Liberalization by Barnali Choudhury Pdf

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.

Author : Tania Voon
Publisher : Edward Elgar Publishing
Page : 295 pages
File Size : 42,7 Mb
Release : 2013-12-27
Category : Law
ISBN : 9781782546788

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Trade Liberalisation and International Co-operation by Tania Voon Pdf

Experts from a range of backgrounds around the world provide perspectives on the significance and likely impact of the agreement, and in particular its implications for national regulatory autonomy. The chapters cover cross-cutting issues such as devel

Author : Bregt Natens
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 44,5 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781785364310

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Regulatory Autonomy and International Trade in Services by Bregt Natens Pdf

This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.

Author : Simon J. Tans
Publisher : BRILL
Page : 482 pages
File Size : 53,7 Mb
Release : 2017-07-27
Category : Law
ISBN : 9789004336803

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Service Provision and Migration by Simon J. Tans Pdf

Service Provision and Migration provides a thorough overview of EU and WTO service trade liberalization related to movement of natural persons (GATS Mode 4) and the implementation of the resulting obligations within Dutch and UK immigration law.

Author : Juan A. Marchetti,Roy Martin
Publisher : Cambridge University Press
Page : 785 pages
File Size : 52,9 Mb
Release : 2008
Category : Business & Economics
ISBN : 9780521516044

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Opening Markets for Trade in Services by Juan A. Marchetti,Roy Martin Pdf

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

Author : Bart De Meester
Publisher : Cambridge University Press
Page : 409 pages
File Size : 45,7 Mb
Release : 2014-07-10
Category : Business & Economics
ISBN : 9781107038493

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Liberalization of Trade in Banking Services by Bart De Meester Pdf

To what extent does WTO and EU law restrict governments to determine a balance between regulation and liberalization of banking?

Author : Petros C. Mavroidis
Publisher : MIT Press
Page : 753 pages
File Size : 42,5 Mb
Release : 2020-11-24
Category : Law
ISBN : 9780262360616

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The Regulation of International Trade, Volume 3 by Petros C. Mavroidis Pdf

A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.

Author : Barnali Choudhury
Publisher : Unknown
Page : 380 pages
File Size : 55,9 Mb
Release : 2012
Category : Human rights
ISBN : 1139779923

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Public Services and International Trade Liberalization by Barnali Choudhury Pdf

"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"--