SERVICES TRADE UNDER THE GATS
|
|
- Estella Stephens
- 6 years ago
- Views:
Transcription
1 SERVICES TRADE UNDER THE GATS - An Introduction I - Trade in Services Division WTO 1
2 2
3 STARTING POINT: INTERNATIONAL SERVICES TRADE IMPLICATIONS FOR DEVELOPMENT 3
4 A Priori Expectations The gains from liberalizing services may be substantially greater than those from liberalizing trade in goods, because current levels of protection are higher and because [there would be] spillover benefits from the required movement of capital and labour. (World Bank, 2002). Infrastructural services such as telecommunications, finance and transport are crucial determinants of overall economic efficiency and growth. 4
5 Services trade and development: Some estimates Lack of competition in maritime transport (cargo reservation, restrictions on port services, collective rate setting, etc.) can increase freight rates up to 25 % on certain routes. Economies that fully liberalized investment in telecom and financial services grew about 1.5 % faster over the past decade than others. Services liberalization in developing economies could provide as much as US$6 trillion in additional income between 2005 and Source: World Bank,
6 Services trade and development: Necessary conditions Appropriate sequencing of reforms [(re-)regulation/liberalization/privatization] Contestable markets (effective competition) to prevent private rent-seeking Effective regulation, including prudential rules, to protect consumers and the public interest Note: The Preamble of GATS expressly recognizes the right of Members to regulate and to introduce new regulations to meet national policy objectives. 6
7 The GATS: A latecomer in the multilateral system... 7
8 Services in the Multilateral System: Since 1995 YEAR ROUND PARTICIPANTS 1947 Geneva Annecy Torquay Geneva /61 Dillon Round /67 Kennedy Round /79 Tokyo Round /93 Uruguay Round 123 (Creation of GATS) 8
9 The traditional view Services = intangible = non-tradable Services = government monopolies Services = rich countries playfield Services = unsuited for GATT-type disciplines 9
10 Challenges during the Uruguay Round Sector coverage? Types of transactions? Role of Most-Favoured-Nation (MFN) principle? Permissible policy instruments? Need for GATT-type trade remedies and regulatory disciplines? 10
11 GATS: Main Features 11
12 1 st Observation THE GATS IS FAR WIDER IN COVERAGE THAN CONVENTIONAL TRADE AGREEMENTS... 12
13 GATS: Scope, coverage, definition MEASURES AFFECTING TRADE IN SERVICES AT ALL GOVERNMENT LEVELS ALL SERVICES (except governmental services and measures affecting air traffic rights) FOUR MODES OF SUPPLY - Cross-border supply - Consumption abroad - Commercial presence - Presence of nat. persons APPLICATION TO SERVICES AND SERVICE SUPPLIERS 13
14 GATS: Modal structure MODE Cross-border Trade Consumption Abroad Commercial Presence Presence of Natural Persons EXAMPLE (Health) Tele-diagnosis from Country B into Country A A's resident obtains hospital treatment in B Hospital operator from B has subsidiary in A Physician from B practices in A 14
15 Mode 4: who is in and who is out? Covered Not covered Employees of foreign service suppliers in host country (ICTs) Employees of foreign service suppliers abroad to fulfill a contract (CSS) Natural persons as independent service suppliers fulfilling a contract (CSS) Also: Business Visitors Employees in the goods sector Employees of host country firms Persons with citizenship, permanent residence and/or work permit 15
16 ... with interesting ramifications Test question: What modes are involved? (The patient and the nurse are foreigners, the hospital is foreign-owned, and SURGERY.COM is based abroad.) 16
17 2 nd Observation... BUT THE GATS IS EXTREMELY FLEXIBLE IN APPLICATION 17
18 Relevance for individual sectors Three possible Scenarios: I. Not covered: Governmental services and large segments of air traffic II. III. Covered - but no access obligations Access obligations ( Specific Commitments ) 18
19 Scenario I: Status of Governmental Services Excluded from coverage are services provided in the exercise of governmental authority which, in turn, are defined as services that are supplied neither on a commercial basis, nor in competition with one or more service suppliers. (Article I:3) Financial services: Competition as the sole criterion (Annex on Financial Services) 19
20 Scenario II: What minimum obligations are incurred in sectors falling under GATS ( unconditional obligations )? 20
21 Unconditional obligations Most-Favoured-Nation (MFN) Treatment Transparency requirements Some other good governance provisions (availability of legal remedies, opportunity for consultations, etc.) Note: There is no obligation to open markets! 21
22 Scenario III: What are the implications of Specific Commitments? 22
23 Specific Commitments Three basic concepts Market Access National Treatment (Additional Commitments) Plus: Unconditional and Conditional Obligations 23
24 Market Access and National Treatment: Main elements MARKET ACCESS (Article XVI) Absence of quota-type and similar restrictions NATIONAL TREATMENT (Article XVII) Non-discrimination with regard to all measures affecting the supply of a service Any limitations must be inscribed in Schedules under the relevant mode(s). 24
25 Schedules of Specific Commitments: General Structure Sector Limitations on Market Access (four modes of supply) Limitations on National Treatment (four modes of supply) Additional Commitments (Optional) 25
26 How Schedules of Commitments are structured: Case A. Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Medical and Dental Services (CPC 9312) 1) Unbound 2) None 1) None 2) None 3) The number of new foreign doctors registered each year may be limited depending on the total supply of doctors 4) Unbound except as indicated in the horizontal section 3) None 4) Unbound *Unbound due to lack of technical feasibility NOTE: unbound = no commitment (full policy discretion) none = no limitation (full commitment) The number of... = partial commitment 26
27 Specific Commitments Where? How? When? Selection of sectors Inscription of limitations (i) Less than status quo? (ii) Status quo? (iii) More liberal? - With immediate effect? - Pre-commitment? 27
28 Conditional obligations Art. III:3 (add. transparency requirements) Art. VI:1 (administration of measures) Art. VI:5 (regulatory disciplines) Art. VIII (compliance of monopolies) Art. XI:1 (current transactions) Art. XI:2 and fn 8 to Art. XVI (capital transfers) Annex on Telecommunications 28
29 Application of GATS obligations across the services economy Governmental All Other Services Services & Air Not Scheduled Traffic Rights Scheduled Unconditional + + obligations (MFN!) Conditional + obligations MA ± Specific NT Commitments ± AC? 29
30 Must GATS obligations (and commitments) be respected at all costs? No. Members may intervene for overriding health and other policy reasons (Article XIV, prudential carve-out in financial services), because of security concerns (Article XIVbis) or to protect the Balance of Payments (Article XII). Also, they may want to re-negotiate commitments (Article XXI) or seek a waiver (Article XIX:3 of WTO Agreement). 30
31 Four negotiating mandates Domestic Regulation (Article VI:4) Emergency Safeguards (Article X) Government Procurement Article XIII) Subsidies (Article XV) 31
32 THE END 32
General Agreement on Trade in Services (GATS): Issues and Implications
General Agreement on Trade in Services (GATS): Issues and Implications A Presentation at CWS/IIFT on 26 February 2014 By Shailendra Kumar THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) - MAIN ELEMENTS
More informationIntroduction to the GATS
Introduction to the GATS Structure of the agreement, key concepts and obligations Seminar on Trade in Services Beijing, 25-27 June 2014 Trade in Services Division WTO 1 Issues covered o Why is trade in
More informationBasic Elements. GATS: Scope and coverage. What are services? GATS AND THE CURRENT SERVICES ROUND. GATS - Basic Features Washington, April 2004
GATS AND THE CURRENT SERVICES ROUND - An Overview - Basic Elements Washington, April 2004 2 GATS: Scope and coverage MEASURES AFFECTING TRADE IN SERVICES AT ALL GOVERNMENT LEVELS ALL SERVICES excluded:
More informationIntroduction to the GATS
Introduction to the GATS Hanoi, May 2005 What is the GATS? General Agreement on Trade in Services Relatively new agreement (Uruguay Round) Unfinished - some disciplines still under negotiation Comprehensive
More informationThe General Agreement on Trade in Services (GATS): objectives, coverage and disciplines
The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines Everything you wanted to know about the General Agreement on Trade in Services, but were afraid to ask... 1. What
More informationGATS AND ON-GOING SERVICES NEGOTIATIONS
GATS AND ON-GOING SERVICES NEGOTIATIONS 1 Fundamentals of the GATS 2 Structure of WTO agreements Goods Services Int. property Dispute settlement Basic principles GATT GATS TRIPs DSU Other instruments Other
More informationLDC Services: Geneva Practitioners Seminar Series: Making Sense of GATS and Applying Good Practices in Services Negotiations
LDC Services: Geneva Practitioners Seminar Series: Making Sense of GATS and Applying Good Practices in Services Negotiations Seminar 2: Key Sectoral Issues and Domestic Regulation Juan A. Marchetti, WTO
More informationCharacter of the GATS
Character of the GATS Are there basic differences between goods, services and investment? Which are the distinguishing factors? Services approximately 68 per cent of world GDP but only 20 per cent of global
More informationTHE GENERAL AGREEMENT
GATS THE GENERAL AGREEMENT ON TRADE IN SERVICES AND RELATED INSTRUMENTS April 1994 GENERAL AGREEMENT ON TRADE IN SERVICES page PART I SCOPE AND DEFINITION Article I Scope and Definition 4 PART II GENERAL
More informationGATS and water services
GATS and water services Mireille Cossy World Trade Organization World Trade Institute 14 June 2010 Umbrella AGREEMENT ESTABLISHING WTO Goods Services Intellectual property Basic principles GATT GATS TRIPS
More informationTrade in Services Division World Trade Organization
Trade in Services Division World Trade Organization Issues to be addressed: What is a schedule? What is in a schedule? How should a schedule be formulated? List approach Format Terminology What are the
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION S/L/92 28 March 2001 (01-1542) Trade in Services GUIDELINES FOR THE SCHEDULING OF SPECIFIC COMMITMENTS UNDER THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) Adopted by the Council
More informationWorld Trade Organization: Its Genesis and Functioning. Shashank Priya Professor Centre for WTO Studies Indian Institute of Foreign Trade
World Trade Organization: Its Genesis and Functioning Shashank Priya Professor Centre for WTO Studies Indian Institute of Foreign Trade Genesis of the Multilateral Trading System In 1944, Bretton Woods
More informationSUMMARY OF CONTENTS. Introduction page 1
SUMMARY OF CONTENTS Introduction page 1 part i Foundations 13 1 Objective and forms of non-discrimination 15 2 Particularities of trade in services and GATS 23 3 Legal elements of non-discrimination obligations
More informationGATS 2000 REQUEST FROM THE EC AND ITS MEMBER STATES (HEREAFTER THE EC) BOTSWANA
Member States are requested to ensure that this text is not made publicly available and is treated as a restricted document GATS 2000 REQUEST FROM THE EC AND ITS MEMBER STATES (HEREAFTER THE EC) GENERAL
More informationTrade in Services: Overview & Discussion on Issues of Concern for Indian businesses. R.V. Anuradha Partner, Clarus Law Associates
Trade in Services: Overview & Discussion on Issues of Concern for Indian businesses R.V. Anuradha Partner, Clarus Law Associates 2 Importance of Services Trade Services represent the fastest growing sector
More informationinternational law of contemporary media session 7: the law of the world trade organization (part 2)
international law of contemporary media session 7: the law of the world trade organization (part 2) mira burri, dr.iur., fall term 2012, 6 november 2012 the goals of the day WTO law: basic non-discrimination
More informationUruguay Round. The GATT. A Negotiating History ( ) KLUWER LAW INTERNATIONAL TERENCE P. STEWART, EDITOR VOLUME IV: THE END GAME (PART I)
The GATT Uruguay Round A Negotiating History (1986-1994) TERENCE P. STEWART, EDITOR VOLUME IV: THE END GAME (PART I) KLUWER LAW INTERNATIONAL The Hague London Boston TABLE OF CONTENTS Introduction xxi
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION RESTRICTED S/C/W/312 3 February 2010 (10-0574) Council for Trade in Services Committee on Trade in Financial Services FINANCIAL SERVICES Background Note by the Secretariat 1 1.
More informationCONTENTS. 1 International trade and the law of the WTO 1. 2 The World Trade Organization 74
CONTENTS List of figures xv Preface xvii Table of WTO cases xix Table of GATT cases liii 1 International trade and the law of the WTO 1 1 Introduction 1 2 Economic globalisation and international trade
More informationTRADE IN SERVICES. Chapter 11
Chapter 11 TRADE IN SERVICES The phrase trade in services applies to international transactions in a diverse array of fields, including financial services, transportation, communications, construction,
More informationConstruction and related engineering services
Construction and related engineering services Session 4: Negotiations in the GATS Issues and debates Claudia Locatelli Trade in Services Division World Trade Organisation 1 2 Topics 1. Leading exporters
More informationNATIONAL TREATMENT PRINCIPLE
Chapter 2 National Treatment Principle Chapter 2 NATIONAL TREATMENT PRINCIPLE OVERVIEW OF RULES National treatment (GATT Article III) stands alongside MFN treatment as one of the central principles of
More informationArticle XXVIII. Definitions
1 ARTICLE XXVIII... 1 1.1 Text of Article XXVIII... 1 1.2 Article XXVIII(a) ("measure")... 3 1.3 Article XXVIII(b) ("supply of a service")... 3 1.4 Article XXVIII(d) ("commercial presence")... 4 1.5 Article
More informationWorld Trade Law. Text, Materials and Commentary. Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner
World Trade Law Text, Materials and Commentary Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner HART- PUBLISHING OXFORD AND PORTLAND, OREGON 2008 Part I Introduction to the Legal and
More informationCARIBBEAN REGIONAL NEGOTIATING MACHINERY THE TREATMENT OF PROFESSIONAL SERVICES IN THE EPA
CARIBBEAN REGIONAL NEGOTIATING MACHINERY THE TREATMENT OF PROFESSIONAL SERVICES IN THE EPA In the CARIFORUM-European Community (EC) Economic Partnership Agreement Negotiations, the Parties negotiated provisions
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/WGTI/W/121 27 June 2002 (02-3584) Working Group on the Relationship between Trade and Investment Original: English COMMUNICATION FROM THE EUROPEAN COMMUNITY AND ITS MEMBER STATES
More informationGATS 2000 REQUEST FROM THE EC AND ITS MEMBER STATES (HEREAFTER THE EC) RWANDA
.Member States are requested to ensure that this text is not made publicly available and is treated as a restricted document GATS 2000 REQUEST FROM THE EC AND ITS MEMBER STATES (HEREAFTER THE EC) TO RWANDA
More informationFREE TRADE AGREEMENTS
FREE TRADE AGREEMENTS A NEW VISION FOR UK TRADE Lode Van Den Hende and Jennifer Paterson of Herbert Smith Freehills LLP look at reciprocal free trade agreements and the related World Trade Organization
More informationFinancial Services under GATS
Financial Services under GATS A presentation at CWS, IIFT Shailendra Kumar 1 August 2012 Importance of the sector Value added in FS as a share of GDP ranges from 1% (Cambodia, Nigeria, Madagascar, Libya
More informationThe WTO and the Doha Development Round. Erik van der Marel Groupe d Economie Mondiale European Centre for International Political Economy
The WTO and the Doha Development Round Erik van der Marel Groupe d Economie Mondiale European Centre for International Political Economy History 19 th century marked by Pax Britannica Unilateral liberalisation
More informationHow to Methodically Research WTO Law
The Research Cycle (Steps 1-5)... 1 Step 1 Identify the Basic Facts and Issues... 1 Step 2 Identify the Relevant Provisions... 3 A. By subject approach to identifying relevant provisions... 3 B. Top down
More informationCHAPTER 11 TRADE IN SERVICES
CHAPTER 11 TRADE IN SERVICES 1. OVERVIEW OF RULES (1) Trade in Services The phrase Trade in Services applies to international transactions involving such fields as financial services, transport and shipping,
More informationRegionalism in Services
Regionalism in Services Pierre Sauvé Examples of RTAs in services Early agreements: EU NAFTA Newer agreements: MERCOSUR ANDEAN Pact ASEAN US bilateral FTAs (Chile, Jordan, Singapore, Vietnam) More agreements
More informationPROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF ClDNA. Preamble
PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF ClDNA Preamble The World Trade Organization ("WTO"), pursuant to the approval of the Ministerial Conference of the WTO accorded under Article XII of
More informationMexico s Experience in Negotiations of Services. Mr. Luis Rivera Banuet
Mexico s Experience in Negotiations of Services Mr. Luis Rivera Banuet Mexico s experience in negotiations of services Luis Rivera Banuet Department of Multilateral and Regional Negotiations of Services
More informationThe GATS and relevant statistical frameworks
SADC Workshop on Trade in Services Statistics The GATS and relevant statistical frameworks Gaborone, Botswana, 28-31 January 2014 The GATS System of rules covering international trade in services - Measures
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION 5 October 1999 (99-4123) Trade in Services THE REPUBLIC OF ESTONIA Schedule of Specific Commitments (This is authentic in English only) REPUBLIC OF ESTONIA - SCHEDULE OF SPECIFIC
More informationBrexit and Financial Services: the GATS Option
Brexit and Financial Services: the GATS Option Introduction 1.1 This briefing note is concerned with the rules of the World Trade Organization ( WTO ) as they apply to financial services. The financial
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Trade in Services Special Session RESTRICTED 21 June 2005 (05-2643) Original: English TRINIDAD AND TOBAGO Initial Offer The following initial offer from the delegation of Trinidad
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION RESTRICTED 6 December 2002 (02-6743) Working Party on the Accession of Armenia REPORT OF THE WORKING PARTY ON THE ACCESSION OF ARMENIA Addendum Part II - Schedule of Specific Commitments
More informationundertaken by Argentina during both the Uruguay Round and the extended negotiations on basic
WORLD TRADE ORGANIZATION Council for Trade in Services Special Session ARGENTINA Initial Offer RESTRICTED 8 April 2003 (03-1981) Original: Spanish The following initial offer was received from the Delegation
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION WT/REG238/1 9 May 2008 (08-2195) Committee on Regional Trade Agreements FACTUAL PRESENTATION Protocol of Montevideo on Trade in Services in the MERCOSUR Report by the Secretariat
More informationWTO Services Waiver: Exploring opportunities and challenges for Nepal
WTO Services Waiver: Exploring opportunities and challenges for Nepal POSH RAJ PANDEY CHAIRMAN SOUTH ASIA WATCH ON TRADE ECONOMICS AND ENVIRONMENT (SAWTEE) A W O R K S H O P J O I N T L Y O R G A N I Z
More informationRegionalism in Services. Aaditya Mattoo and Pierre Sauvé
Regionalism in Services Aaditya Mattoo and Pierre Sauvé Examples of RTAs in services Early agreements: EU NAFTA Newer agreements: MERCOSUR ANDEAN Pact ASEAN US bilateral FTAs (Chile, Jordan, Singapore,
More informationNATIONAL TREATMENT PRINCIPLE
Chapter 2 NATIONAL TREATMENT PRINCIPLE 1. OVERVIEW OF RULES National treatment (GATT Article III) stands alongside MFN treatment as one of the central principles of the WTO Agreement. Under the national
More informationWORLD TRADE ORGANIZATION. ( ) Working Group on the Relationship between Trade and Investment
WORLD TRADE ORGANIZATION. (02-3057) Working Group on the Relationship between Trade and Investment WT/WGTI/W/118 4 June 2002 NON-DISCRIMINATION MOST-FAVOURED-NATION TREATMENT AND NATIONAL TREATMENT Note
More informationAPPENDIX 2 TO ANNEX VIII ICELAND SCHEDULE OF SPECIFIC COMMITMENTS
APPENDIX 2 TO ANNEX VIII ICELAND SCHEDULE OF SPECIFIC COMMITMENTS I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 3) All foreign investment and currency transfers must be reported to the
More informationChina, Free Trade Agreements and WTO Law: A Perspective from Services Trade WANG Heng 1
China, Free Trade Agreements and WTO Law: A Perspective from Services Trade WANG Heng 1 Abstract: China s free trade agreements in services are developing in fast pace. The article examines three questions:
More informationWorld Bank. Services Trade and International Negotiations Course April 20, A Practical Approach to Analyzing U.S.
World Bank Services Trade and International Negotiations Course April 20, 2004 A Practical Approach to Analyzing U.S. Services Trade Richard W. Brown Chief, Services and Investment Division U.S. International
More informationModels for Services Negotiation in RTA/FTA: Options for Developing Countries
2006/SOM1/CTI/FTA-RTA/009 Models for Services Negotiation in RTA/FTA: Options for Developing Countries Submitted by: USA APEC Workshop on Best Practices in Trade Policy for RTAs/FTAs: Practical Lessons
More informationJapan-EU EPA/FTA. Consolidated Text. (Status 7 December 2017) CHAPTER 8 TRADE IN SERVICES, INVESTMENT LIBERALISATION AND ELECTRONIC COMMERCE
Disclaimer: The negotiations between the EU and Japan on the Economic Partnership Agreement (the EPA) have been finalised. In view of the Commission's transparency policy, we are hereby publishing the
More informationWill Martin and Aaditya Mattoo* 8 November 2011 *This presentation reflects the views of the authors only and not necessarily those of the World Bank.
Will Martin and Aaditya Mattoo* 8 November 2011 *This presentation reflects the views of the authors only and not necessarily those of the World Bank. it is clear that we will not complete the DDA if we
More informationThe GATS and Financial Services
The GATS and Financial Services WTO Negotiations in Services Training Programme for Trade Officials and Negotiators from Pakistan Juan A. Marchetti WTO Trade in Services Division 29 June 2005 1 What are
More information( ) Page: 1/79 FACTUAL PRESENTATION
19 January 2015 (15-0350) Page: 1/79 Committee on Regional Trade Agreements FACTUAL PRESENTATION TRADE AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART AND COLOMBIA AND PERU,
More informationTrade in Services Agreement (TiSA) Services and Investment Unit, Trade Negotiations Division Ministry of Foreign Affairs and Trade
Trade in Services Agreement (TiSA) Services and Investment Unit, Trade Negotiations Division Ministry of Foreign Affairs and Trade MFAT Services and Investment Unit Carriage of WTO services policy and
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Council for Trade in Services Special Session TN/S/W/51 23 September 2005 (05-4227) Original: English COMMUNICATION FROM SWITZERLAND Methodology to assess Schedules of commitments
More informationArticle XVIII. Additional Commitments
1 ARTICLE XVIII... 1 1.1 Text of Article XVIII... 1 1.2 Function of Article XVIII... 1 1.3 Relationship between Article XVIII and other provisions of the GATS... 2 1.4 The "Reference Paper" on Basic Telecommunications...
More informationProfessor Centre for WTO Studies
Professor Centre for WTO Studies INTRODUCTION IMPORTANCE OF SERVICES 4 June 2013 2 Services : Their Economic Importance India Total share of services in the GDP is almost 57% India: Sectoral Share of GDP
More informationDOHA MINISTERIAL DECLARATION [excerpts]
DOHA MINISTERIAL DECLARATION [excerpts] (WORLD TRADE ORGANIZATION) WORK PROGRAMME Services 15. The negotiations on trade in services shall be conducted with a view to promoting the economic growth of all
More informationAsian Development Bank Institute. ADBI Working Paper Series. The International Regulatory Regime on Capital Flows. Federico Lupo Pasini
ADBI Working Paper Series The International Regulatory Regime on Capital Flows Federico No. 338 December 2011 Asian Development Bank Institute Federico is an associate at the Centre for International Law,
More informationRatnakar Adhikari. Presented at Training on International Trading System 7-9 February 2012, Lalitpur
Ratnakar Adhikari Presented at Training on International Trading System 7-9 February 2012, Lalitpur Historical background WTO in a nutshell Major agreements of the WTO 17 years of WTO Recent developments
More informationThe International Regulatory Regime on Capital Flows and Trade in Services. Federico Lupo Pasini
The International Regulatory Regime on Capital Flows and Trade in Services Federico Lupo Pasini Countries often adopt various forms of restrictions in order to restrain capital flows or to reduce the negative
More informationAPPENDIX 1 TO ANNEX VII GCC MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTS REFERRED TO IN ARTICLE 3.16
APPENDIX 1 TO ANNEX VII GCC MEMBER STATES SCHEDULE OF SPECIFIC COMMITMENTS REFERRED TO IN ARTICLE 3.16 INTRODUCTORY NOTE: 1. The specific commitments in this Schedule apply only to the territories of GCC
More informationAnnex 8 Part B: New Zealand Schedule of Specific Commitments on Services
Annex 8 Part B: New Zealand Schedule of Specific Commitments on Services Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence Sector or Sub-sector Limitations on Market
More informationPART I CHAPTER 1 MOST-FAVOURED-NATION TREATMENT PRINCIPLE
PART I CHAPTER 1 MOST-FAVOURED-NATION TREATMENT PRINCIPLE 1. OVERVIEW OF RULES (1) The Background of Rules: Most-Favoured-Nation Treatment (MFN) Most-Favoured-Nation treatment or MFN, which requires Members
More informationWorld Trade Organization Economic Research and Statistics Division
Staff Working Paper ERSD-2006-11 October 2006 World Trade Organization Economic Research and Statistics Division Foreign Banking: Do Countries' WTO Commitments Match Actual Practices? James R. Barth: Auburn
More informationMODERNIZING SERVICES IN. Sherry Stephenson Senior Fellow, ICTSD NAFTA
MODERNIZING SERVICES IN Sherry Stephenson Senior Fellow, ICTSD NAFTA Let s examine four aspects around NAFTA and Services v WHAT DID NAFTA 1.0 ACHIEVE IN SERVICES? v WHAT HAS CHANGED IN THE WORLD OF SERVICES
More informationPascal Kerneis Managing Director ESF (European Services Forum)
Pascal Kerneis Managing Director ESF (European Services Forum) 90 «The voice of the European Service Industries for World Economy: Percentage of GDP by Sector - 2016 80 70 76.7 73.1 67.2 69.2 68.8 65 60
More informationFREE TRADE AGREEMENT BETWEEN THE EFTA STATES AND MEXICO
FREE TRADE AGREEMENT BETWEEN THE EFTA STATES AND MEXICO SUMMARY The Free Trade Agreement between the EFTA States and Mexico was signed in Mexico City on 27 November 2000 and entered into force on 1 July
More informationCS/CM/XXVI/2 ANNEX IV REGULATIONS ON TRADE IN SERVICES
REGULATIONS ON TRADE IN SERVICES Page 1 PREAMBLE RECOGNISING the growing importance of the trade in services for the growth and development of the region s economies; RECALLING the provisions of the COMESA
More informationA. Provisions Relating to Tariff Negotiations
Legal Framework for Tariff Negotiations and Renegotiations under GATT 1994 CHAPTER I LEGAL FRAMEWORK FOR TARIFF NEGOTIATIONS AND RENEGOTIATIONS UNDER GATT 1994 1 1. Several articles of the General Agreement
More informationCHAPTER NINE CROSS-BORDER TRADE IN SERVICES
CHAPTER NINE CROSS-BORDER TRADE IN SERVICES Article 901: Scope and Coverage 1. This Chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers
More informationThe Uruguay Round and the Liberalization of
The Geneva Papers on Risk and Insurance, 17 (No. 63, April 1992), 208-214 The Uruguay Round and the Liberalization of Trade in Insurance Services by Mario A. Kakabadse * 1. Introduction The GATT or General
More informationCRS Report for Congress Received through the CRS Web
CRS Report for Congress Received through the CRS Web 95-424 E March 27, 1995 The GATT and the WTO: An Overview Arlene Wilson Specialist in International Trade and Finance Economics Division Summary Under
More informationOPERATIONS MANUAL BANK POLICIES AND PROCEDURES NONSOVEREIGN OPERATIONS
Page 1 of 7 These policies and procedures were prepared for use by ADB staff and are not necessarily a complete treatment of the subject. This Operations Manual is issued by the Strategy and Policy Department
More informationINT L TRADE LAW: DOHA & SERVICES LIBERALIZATION. Prof David K. Linnan USC LAW # 665 Unit Ten
INT L TRADE LAW: DOHA & SERVICES LIBERALIZATION Prof David K. Linnan USC LAW # 665 Unit Ten BEYOND PILLARS DOHA MINISTERIAL DECLARATION 1. Uruguay Round saw services liberalization as controversial, but
More informationGATT Obligations: -Shailja Singh Assistant Professor Centre for WTO Studies, New Delhi
GATT Obligations: Article I (MFN), II (Bound Rates), III (National Treatment), XI (QRs), XX (Exceptions) and XXIV (FTAs) March 06, 2012 -Shailja Singh Assistant Professor Centre for WTO Studies, New Delhi
More informationGATT Obligations: Article I (MFN), II (Bound Rates), III (National Treatment), XI (QRs), XX (Exceptions) and XXIV (FTAs) -Shailja Singh
GATT Obligations: Article I (MFN), II (Bound Rates), III (National Treatment), XI (QRs), XX (Exceptions) and XXIV (FTAs) -Shailja Singh Assistant Professor Centre for WTO Studies, New Delhi GATT - Structure
More informationEXAMPLES OF FREQUENTLY OCCURRING NATIONAL TREATMENT RESTRICTIONS WHICH APPEAR IN SCHEDULES OF SPECIFIC COMMITMENTS
Attachment 1 EXAMPLES OF FREQUENTLY OCCURRING NATIONAL TREATMENT RESTRICTIONS WHICH APPEAR IN SCHEDULES OF SPECIFIC COMMITMENTS 1. These examples are based on existing entries in the schedules and represent
More informationcommercial presence means any type of business or professional establishment,
CHAPTER 12 TRADE IN SERVICES Article 12.1: Definitions For the purposes of this Chapter: commercial presence means any type of business or professional establishment, including through: the constitution,
More informationII Copyright and related rights 36. contents
CONTENTS List of figures xvi List of boxes xvii List of tables xviii Preface xix Acknowledgements xxii List of acronyms and abbreviations xxiii I Introduction to the TRIPS Agreement 1 A Introduction 1
More informationTrade. Services & Investment. EU-SADC EPA Group. Cape Town, September 2010
Services & Investment EU-SADC EPA Group Cape Town, September 2010 Key service sectors for development Infrastructure: financial services, telecommunicatios, transport, energy & the environment, business
More informationGATS negotiations in financial services: The EU requests and their implications for developing countries
: The EU requests and their implications for developing countries Based on speech on 1 and 3 December 2005 in conferences on financial services in Bern and Bonn by Myriam Vander Stichele, Senior Researcher
More informationIMPLICATION OF LEGAL AND EDUCATION SERVICES UNDER GENERAL AGREEMENT ON TRADE IN SERVICES
An Open Access Journal from The Law Brigade (Publishing) Group 186 IMPLICATION OF LEGAL AND EDUCATION SERVICES UNDER GENERAL AGREEMENT ON TRADE IN SERVICES Written by Sweety Mahi* & Suraj Partap Singh**
More informationANNEX. to the. Recommendation for a Council Decision. authorising the opening of negotiations for a Free Trade Agreement with New Zealand
EUROPEAN COMMISSION Brussels, 13.9.2017 COM(2017) 469 final ANNEX 1 ANNEX to the Recommendation for a Council Decision authorising the opening of negotiations for a Free Trade Agreement with New Zealand
More informationCommodification of Education Introductory Information
Information sheet /CoCo/BM41 Commodification of Education Introductory Information Introduction When considering the commodification of education it is important to recognise that education has been progressively
More informationRüdiger Wolfrum and Peter-Tobias Stoll (eds), WTO-Trade in Services Koninklijke Brill NV. Printed in the Netherlands. pp.
Rüdiger Wolfrum and Peter-Tobias Stoll (eds), WTO-Trade in Services. 2008 Koninklijke Brill NV. Printed in the Netherlands. pp. 245 257 Article XI GATS Payments and Transfers 1. Except under the circumstances
More informationLimited Copy for the Council and the European Parliament
October 2016 Iceland Second Revised Conditional offer Iceland hereby submits its second revised conditional offer of specific commitments on services. The offer has been drafted according to the core provisions
More informationPakistan s position on July Framework Issues: 1.1 Agriculture
Pakistan s position on July Framework Issues: 1.1 Agriculture As far as negotiations on agriculture are concerned, market access to highly protected markets of the EU and huge subsidies provided by the
More informationICC recommendations for completing the Doha Round. Prepared by the Commission on Trade and Investment Policy
International Chamber of Commerce The world business organization Policy Statement ICC recommendations for completing the Doha Round Prepared by the Commission on Trade and Investment Policy 2006: the
More informationPlurilateral Agreements: A viable alternative to the WTO? March 11, 2013 Michitaka NAKATOMI Special Advisor, JETRO Consulting Fellow, RIETI
Plurilateral Agreements: A viable alternative to the WTO? March 11, 2013 Michitaka NAKATOMI Special Advisor, JETRO Consulting Fellow, RIETI 1 Ⅰ. Why Plurilateral Agreements? ( First of All ) Multilateral
More informationThe Estey Centre Journal of. International Law. and Trade Policy. Technical Annex
Volume 3 Number 1, 2002/p. 82-105 esteyjournal.com The Estey Centre Journal of International Law and Trade Policy Technical Annex Liberalising Global Labour Markets: Recent Developments at the WTO Dr.
More informationDraft Cancun Ministerial Text
Draft Cancun Ministerial Text General Council chairperson Carlos Pérez del Castillo and Director-General Supachai Panitchpakdi submitted their draft Cancún Ministerial Declaration to ministers on 31 August
More informationAnnex II - Schedule of Peru. All Sectors
Annex II - Schedule of Peru Sector: All Sectors Industry Classification: Type of Reservation: Most-Favoured-Nation Treatment (Articles 804, 904) Investment and Cross-Border Trade in Services that accords
More informationServices Regulation and Finance
Services Regulation and Finance Marc Maes, 11.11.11 @ CSO Strategy Meeting on Advocacy Around Africa s Trade ad Development Challenges Accra, 2-3 March 2016 Financial services (de-)regulation in trade
More informationUlla KASK Agriculture and Commodities Division WTO
Ulla KASK Agriculture and Commodities Division WTO World Trade Organization/ 154, rue de Lausanne / 1211 Geneva 21 / Switzerland / ulla.kask@wto.org 1 Outline A. Introduction A. The WTO and environment
More information( ) Page: 1/7 UNITED ARAB EMIRATES MEASURES RELATING TO TRADE IN GOODS AND SERVICES, AND TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
12 October 2017 (17-5514) Page: 1/7 Original: English UNITED ARAB EMIRATES MEASURES RELATING TO TRADE IN GOODS AND SERVICES, AND TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS REQUEST FOR THE ESTABLISHMENT
More informationBorder Protection under Pressure - WTO Grensevern under press II - WTO
Border Protection under Pressure - WTO Grensevern under press II - WTO ECN260 Landbrukspolitikk Agricultural Policy 3 October 2018 1. Multilateral Liberalization: From GATT to WTO 1.1 Background concepts
More informationTrade in Services Agreement (TISA) Hong Kong, China Final Offer
Trade in Services Agreement (TISA) Hong Kong, China Final Offer Hong Kong, China s final offer is attached and the main revisions as compared with the May 2016 revised offer are as follows: (a) New or
More information