Journal articles: 'General Agreement on Trade in Services'

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Sherman, Laura B. "World Trade Organization: Agreement on Telecommunications Services (Fourth Protocol to General Agreement on Trade in Services)." International Legal Materials 36, no. 2 (March 1997): 354–74. http://dx.doi.org/10.1017/s0020782900019537.

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On February 15, 1997, 69 countries agreed to provide market access to some or all of their basic telecommunications sectors. These 69 countries represent over 90% of the world's basic telecommunications revenues. This achievement came after two unsuccessful attempts to negotiate a multi-lateral agreement on basic telecommunications under the auspices of the World Trade Organization (“WTO”). It was an achievement warmly welcomed by consumers and suppliers of basic telecommunications services.

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Weiss, Friedl. "The General Agreement of Trade in Services 1994." Common Market Law Review 32, Issue 5 (October 1, 1995): 1177–225. http://dx.doi.org/10.54648/cola1995056.

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Ortino, Federico, and Emily Lydgate. "Addressing Domestic Regulation Affecting Trade in Services in CETA, CPTPP, and USMCA: Revolution or Timid Steps?" Journal of World Investment & Trade 20, no. 5 (October 28, 2019): 680–704. http://dx.doi.org/10.1163/22119000-12340152.

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Abstract The number of international agreements purporting to liberalise trade, mainly focused on reducing protectionist measures through the imposition of general principles, has increased greatly over the last 25 years. More recently, the United States and the European Union (EU) concluded comprehensive agreements covering trade in goods, trade in services, and foreign investment. This article inquires whether, and the extent to which, such agreements represent a departure from previous practice. It focuses on (a) the instruments employed to address domestic regulation affecting trade in services and (b) three specific agreements concluded between 2016 and 2018: the EU-Canada Comprehensive Economic and Trade Agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the United States-Mexico-Canada Agreement. While these recent Preferential Trade Agreements put forward novel approaches to regulatory diversity affecting trade in services, it is too early to ascertain whether these will have any ground-breaking impact in terms of services trade liberalisation.

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George, Babu P., and Tony L. Henthorne. "Tourism and the general agreement on trade in services." International Journal of Social Economics 34, no. 3 (February 27, 2007): 136–46. http://dx.doi.org/10.1108/03068290710726702.

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Rai, Sheela. "Electronic Commerce and General Agreement on Trade in Services." Foreign Trade Review 38, no. 3-4 (October 2003): 79–104. http://dx.doi.org/10.1177/0015732515040405.

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DAWAR, KAMALA. "Government Procurement in the WTO: A Case for Greater Integration." World Trade Review 15, no. 4 (January 5, 2016): 645–70. http://dx.doi.org/10.1017/s1474745615000592.

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This article assesses the regulation of government procurement in the WTO, specifically under the WTO Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs in Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Subsidies and Countervailing Measures (ASCM). It compares these findings from leading regional trade agreements (RTAs) with government procurement regulation, most notably the North American Free Trade Area (NAFTA) and the Treaty on the Functioning of the European Union (TFEU).

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Ciuriak, Dan, Ali Dadkhah, and Dmitry Lysenko. "The Effect of Binding Commitments on Services Trade." World Trade Review 19, no. 3 (July 30, 2019): 365–78. http://dx.doi.org/10.1017/s1474745618000496.

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AbstractIt has long been established in theory that uncertainty impacts on firm behaviour. However, the empirical basis for quantifying the uncertainty-reducing effects of trade agreements has not been firmly established. In this paper, we develop estimates of the effect of reducing uncertainty regarding regulation of foreign services markets by making commitments that are bound under a trade agreement. Specifically, we identify the effect on services trade of services trade restrictions, as measured by the OECD's Services Trade Restrictiveness Index (STRI), and the separate effect of ‘water’ in binding commitments, as assessed by the difference between countries’ commitments under the General Agreement on Trade in Services (GATS) or free trade agreements (FTAs) and applied levels of market access, as captured by STRI scores. Using a gravity model, we find that services trade responds positively but inelastically to reductions in services trade barriers, as measured by the STRI and, in our preferred regression, the response to actual restrictions is more than twice – specifically 2.4 times – as strong as the response to comparable reductions in uncertainty, as measured by water. Moving from GATS commitments to FTA commitments leads to a 4.7% increase in services trade because of the reduction in uncertainty.

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Adlung, Rudolf. "Export Policies and the General Agreement on Trade in Services." Journal of International Economic Law 18, no. 3 (August 28, 2015): 487–510. http://dx.doi.org/10.1093/jiel/jgv031.

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Schunter-Kleemann, Susanne. "EU und GATS, das „General Agreement on Trade in Services“." Sozial Extra 28, no. 2-3 (February 2004): 17–19. http://dx.doi.org/10.1007/s12054-004-0018-2.

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Jansen Van Rensburg, Susara J., Riaan Rossouw, and Wilma Viviers. "Liberalizing Bangladesh’s Services Trade: Is Joining Trade in Services Agreement the Way to Go?" South Asia Economic Journal 21, no. 1 (February 23, 2020): 99–121. http://dx.doi.org/10.1177/1391561420903198.

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Although currently limited, services trade holds great potential for Bangladesh, as services already make a major contribution to GDP and employment. Services represent an important alternative (in the longer term) or complement (in the shorter term) to ready-made garments (RMGs), which have long dominated Bangladesh’s export mix. The country is poised to see declining RMG export revenues when the country graduates out of least developed country (LDC) status and loses its trade preferences in global markets. To build domestic capacity with a view to developing its services export sector, Bangladesh needs to open its market to services imports. But what approach would be best? Can a plurilateral trade agreement (PTA) like the Trade in Services Agreement (TiSA), whose members have sought to stimulate their services sectors through more liberalized trade, ever be an option? We use a dynamic computable general equilibrium (CGE) model to simulate the effects of TiSA membership on Bangladesh’s economy. The results show that, overall, Bangladesh would derive marginal benefit from TiSA, but employment and exports would suffer. The worst-affected sectors would be agriculture and textiles and clothing, the country’s largest employers. To lessen the impact of increased foreign competition, a regional trade approach is recommended, supported by a sound national services strategy which would include a roadmap for tackling the country’s myriad supply-side shortcomings. JEL: F13, F14, F15, F16

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Bangura, Kadijatu Zainab, and Abraham Zaqi Kromah. "An Overview of the WTO’s Plurilateral Agreement on Services Domestic Regulation." Global Trade and Customs Journal 17, Issue 4 (March 1, 2022): 177–82. http://dx.doi.org/10.54648/gtcj2022023.

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TheWTO’s General Agreement on Trade in Services (GATS), which has been in effect since 1995, has been used byWTO Members to facilitate increased growth in trade in services by regulating global transactions on trade in services in line with the specific commitments undertaken by everyWTO Member in the GATS. However, growth in trade in services has been clouded by significant barriers to trade in services that continue to exist in many countries in the form of unintended trade-restrictive measures across most services sectors, obscure regulations, and burdensome regulatory procedures. The successful conclusion of the Reference Paper on services domestic regulation is an effort to reduce these barriers and further stimulate trade in services. WTO, GATS, Services Domestic Regulation, Joint Initiative, Plurilateral Declaration, Negotiated Disciplines, regulatory processes, Reference Paper, barriers to services trade, predictability and transparency

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Chandiramani, N. M. "Medical Tourism: Implications for India." Courier of Kutafin Moscow State Law University (MSAL)), no. 1 (April 6, 2022): 30–38. http://dx.doi.org/10.17803/2311-5998.2022.89.1.030-038.

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The General Agreement on Tariffs and Trade (GATT), an outcome of Bretton Woods Conference, was a trade pact to pursue the objective of free trade in goods. The 8th Uruguay Round of GATT negotiations launched in Punta Del Este in 1986 went well beyond trade in goods and extended to trade in areas like intellectual property, investment and services, resulting in agreements such as TRIPS, TRIMS and GATS. GATS, The General Agreement on Trade in Services, internationalized trade in services and gave a momentum to international trade in services, including healthcare services. The Agreement specifies the four modes of supply of services, one of these being consumption abroad. In this mode a consumer who needs services moves to the country offering the service as in the case of a student going overseas for higher education or a person seeking medical treatment in a foreign country. The GATS gave a boost to medical tourism in some Asian countries such as Indonesia, Malaysia, Philippines, Singapore, Thailand and India.This Paper after distinguishing medical tourism from health/wellness tourism, traces the growth of medical tourism in Asian countries and points out the factors contributing to this growth. It then specifically highlights the reasons why India has become the preferred destination for medical tourism. What follows is a critical analysis of the opportunities and challenges posed by medical tourism for India. It concludes by opining that internationalization of healthcare services in India should not be at the cost of health injustice to the Indians, especially for those who need health justice the most!

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Tangas, Jim, and Angel J. Calderon *. "The general agreement on trade in services and educational services: an Australian perspective." Journal of Higher Education Policy and Management 26, no. 1 (March 2004): 123–28. http://dx.doi.org/10.1080/1360080042000182582.

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Cameron, James, and Kevin R. Gray. "Principles of International Law in The WTO Dispute Settlement Body." International and Comparative Law Quarterly 50, no. 2 (April 2001): 248–98. http://dx.doi.org/10.1093/iclq/50.2.248.

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Unlike the original 1947 General Agreement on Tariffs and trade (GATT), the 1994 Agreement establishing the World Trade Organization (WTO Agreement)1 covers a much wider range of trade. It extends beyond goods and now embraces services, intellectual property, procurement, investment and agriculture. Moreover, the new trade regime is no longer a collection of ad hoc agreements, Panel reports and understandings of the parties. All trade obligations are subsumed under the umbrella of the WTO, of which all parties are members. Member States have to accept the obligations contained in all the WTO covered agreements: they cannot pick and choose.

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15

Daniltsev, Alexander, and Olga Biryukova. "Beyond the gats: Implicit engines in services RTAs." Panoeconomicus 62, no. 3 (2015): 321–37. http://dx.doi.org/10.2298/pan1503321d.

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In the last 15 years the reciprocity of regional trade agreements on services has become a global phenomenon. Whereas main provisions regulating access to the services market are fixed by specific obligations under the General Agreement on Trade in Services, RTAs have been considered a flexible means for liberalization and an expedient to protect national service providers. This article explores the role of the GATS and other agreements, both under and not under the mandate of the World Trade Organization, in trade blocs. The econometric model developed by the authors shows that the removal of restrictions for foreign suppliers under domestic regulation (consumer protection, regulation of labor market) and the elimination of discriminatory measures on foreign investments that affect trade in goods are likely to be more important for the expansion of services trade on a preferential basis than the GATS-type liberalization.

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Arup, Christopher. "The Mediation of Trade in Legal ServicesThe General Agreement on Trade in Services Interface." World Competition 19, Issue 4 (June 1, 1996): 81–108. http://dx.doi.org/10.54648/woco1995026.

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Muller, Gilles. "Trade Agreements and Legal Services: An Anatomy of the GATS and Preferential Trade Arrangements." Global Trade and Customs Journal 9, Issue 5 (May 1, 2014): 223–42. http://dx.doi.org/10.54648/gtcj2014025.

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There is little doubt that the past two decades have seen an extraordinary advance in the globalization of the world's economies. In this context, the legal services play a crucial role in facilitating business and form a vital part of the infrastructure that underpins world commerce. As a result, this service sector has experienced continuous growth over the last ten years. However, the regulation of legal services in most jurisdictions did not follow the same evolution, which results in restrictions on cross-border legal practice. Yet economic growth and globalization of economies increasingly require the adaptation of the regulation of legal services. In most instances they take place in the context of trade agreements. Until recently to the exception of the EU and the NAFTA, the liberalization of trade in services took place within the General Agreement on Trade in Services (GATS). However, the last decade has seen a proliferation of Preferential Trade Agreement (PTAs), which contain liberalization of trade services, including legal services. Such evolution leads to the coexistence of the GATS and the PTAs. The objective of this article is to analyse the interaction of these agreements in the context of the liberalization of trade in legal services using four principles of trade liberalization: the transparency; the nondiscrimination; the avoidance of unnecessary restrictions; the recognition.

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18

Windsor, Joseph. "The WTO Committee on Trade in Financial Services: The Exercise of Public Authority within an Informational Forum." German Law Journal 9, no. 11 (November 1, 2008): 1805–32. http://dx.doi.org/10.1017/s2071832200000663.

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The Committee on Trade in Financial Services (hereinafter, Committee or CTFS) is a committee subsidiary to the Council for Trade in Services (CTS), which itself reports to the General Council of the WTO. Shortly after the WTO Agreement entered into force, the CTS established the Committee in its Decision on Institutional Arrangements for the General Agreement on Trade in Services (Institutional Decision). The Committee acts primarily as a forum for dissemination of regulatory information specific to the often opaque financial services sector. This permits a meeting of national finance ministers and experts, as opposed to (mere) trade negotiators and representatives, who may not be in a position to understand the unique nature of national financial regulation. Fundamentally, a state's finance sector underlies all other sectors of international trade, since any transaction for goods or services requires compensation, usually monetary, thereby making the financial sector function as a sort of central nervous system for global trade. The financial services sector, therefore, is peculiar among WTO trade sectors. Indeed, the regulatory constellation for financial services within WTO law is unique: it includes two annexes to the General Agreement on Trade in Services (GATS) and two Protocols to GATS, negotiations extended well beyond the Uruguay Round and the Marrakesh Agreement's entry into force, and there is asui generisset of heightened commitments called the Understanding on Commitments in Financial Services. The Committee also acts as a monitoring body, overseeing both the implementation of legal commitments under the relevant Protocols and the specific progress of China under the Protocol on the Accession of the People's Republic of China.

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Bartels, Lorand. "The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction." American Journal of International Law 109, no. 1 (January 2015): 95–125. http://dx.doi.org/10.5305/amerjintelaw.109.1.0095.

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One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.

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Gaurav, Kumar, and Nalin Bharti. "India–Japan CEPA." Foreign Trade Review 53, no. 3 (May 21, 2018): 189–203. http://dx.doi.org/10.1177/0015732517734759.

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Most of the studies on free trade agreements (FTAs) concentrate on merchandise trade, either in the North-North or South-South framework. This study is different because it evaluates services trade under the FTA in North–South structure between India and Japan. Research methodology for this work includes both qualitative as well as quantitative approach. Qualitative analysis of the General Agreement on Trade in Services and the India–Japan Comprehensive Economic Partnership Agreement has been undertaken to evaluate the commitments and obligations at the policy level. Quantitative analysis explores key areas of potential in services trade between India and Japan, applying Revealed Comparative Advantage index. The study observes huge untapped potentials and strong trade complementarities between India and Japan, which offers lessons to the other economies of the world. JEL: F10, F13, F15

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Sauvé, Pierre. "Towards a plurilateral Trade in Services Agreement (TISA): Challenges and prospects." Journal of International Commerce, Economics and Policy 05, no. 01 (February 2014): 1440006. http://dx.doi.org/10.1142/s1793993314400067.

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This paper addresses a number of policy challenges arising from ongoing attempts to negotiate a plurilateral Trade in Services Agreement (TISA), a recently launched plurilateral negotiating initiative coexisting uneasily alongside the World Trade Organisation's General Agreement on Trade in Services (GATS), particularly in the context of the ongoing Doha Development Agenda. While the TISA offers scope for imparting much needed forward movement to a policy area of central economy-wide and trade importance, such progress, even if realized within the narrower confines of a preferential trade agreement made possible under the GATS, poses a number of systemic risks to the multilateral order extending beyond services trade.

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Lapid, Karen. "Outsourcing and Offshoring Under the General Agreement on Trade in Services." Journal of World Trade 40, Issue 2 (April 1, 2006): 341–64. http://dx.doi.org/10.54648/trad2006017.

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Smithies, Richard. "Air transport and the General Agreement on Trade in Services (GATS)." Journal of Air Transport Management 2, no. 2 (June 1995): 123–26. http://dx.doi.org/10.1016/0969-6997(95)00032-1.

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Marchetti, J. A., and P. C. Mavroidis. "The Genesis of the GATS (General Agreement on Trade in Services)." European Journal of International Law 22, no. 3 (August 1, 2011): 689–721. http://dx.doi.org/10.1093/ejil/chr051.

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Belsky, Leah, Reidar Lie, Aaditya Mattoo, Ezekiel J. Emanuel, and Gopal Sreenivasan. "The General Agreement On Trade In Services: Implications For Health Policymakers." Health Affairs 23, no. 3 (May 2004): 137–45. http://dx.doi.org/10.1377/hlthaff.23.3.137.

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Narendra, Sumangal. "General Agreement on Trade in Services and Aviation Ground Handling Services -A Theoretical Perspective." IOSR Journal of Business and Management 16, no. 4 (2014): 36–46. http://dx.doi.org/10.9790/487x-16413646.

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Jensen, Camilla, and Jie Zhang. "Trade in tourism services: Explaining tourism trade and the impact of the general agreement on trade in services on the gains from trade." Journal of International Trade & Economic Development 22, no. 3 (April 2013): 398–429. http://dx.doi.org/10.1080/09638199.2011.574723.

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Popovic-Petrovic, Ivana. "International trade in services: The role of international shipping." Medjunarodni problemi 59, no. 2-3 (2007): 376–99. http://dx.doi.org/10.2298/medjp0703376p.

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The General Agreement on Trade in Services (GATS) is one of the World Trade Organization's most important agreements. This accord is the first and only set of multilateral rules covering international trade in services. It is a framework for international trade in services and a legal basis for resolving conflicting national interests. For the past two decades, trade in services has grown faster than merchandise trade. Currently, they represent more than two thirds of the World Gross Domestic Product. As the term services covers a wide range of intangible and heterogeneous products and activities, there has been an increasing demand for detailed, relevant and internationally comparable statistical information on trade in services. In the last ten years, the share of transportation services in international trade in commercial services was steady and amounted to about one quarter.

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Footer, Mary E. "The General Agreement on Trade in Services: Taking Stock and Moving Forward." Legal Issues of Economic Integration 29, Issue 1 (April 1, 2002): 7–25. http://dx.doi.org/10.54648/405877.

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The basic premise of this article is that GATS negotiations are moving along a completely different track and time frame to the other WTO subject matter, which forms part of the Doha Round, and are best considered as part of a work-in-progress. This article identifies some of the key conceptual, methodological and systemic issues that WTO Members face in negotiating on trade in services. These include the fact that the template for trade in goods is conceptually ill suited to the development of trade in services and gives rise to problems of market access and the scheduling of services' commitments as well as the phasing out of MFN exemptions. From a methodological point of view, there is a dearth of adequate information on services combined with the unresolved issues of classification and scheduling of specific and horizontal commitments. Moreover, negotiations on trade in services are made more difficult by the need for Members to give effect to measures of autonomous liberalisation. Finally, Members are faced with systemic issues because they must continue to work on ongoing built-in agenda items such as domestic regulation, the development of additional GATS rules and the negotiation of new sectoral annexes or review of existing ones, without which the results of negotiations cannot be fully appreciated.

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Din, Musleh-ud, and Kalbe Abbas. "The Uruguay Round Agreement: Implications for Pakistan’s Textiles and Clothing Sector." Pakistan Development Review 38, no. 4II (December 1, 1999): 823–33. http://dx.doi.org/10.30541/v38i4iipp.823-833.

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The Uruguay Round (UR), which marked the conclusion of protracted multilateral trade negotiations, resulted in comprehensive agreements on multilateral trade in goods and services within the framework of the General Agreement on Tariffs and Trade (GATT). The newly created World Trade Organisation (WTO) provides an institutional framework that encompasses all the agreements and legal instruments negotiated in the UR as well as the dispute settlement procedures and provisions for the regular monitoring of policies of the member countries. The UR agreement has been widely perceived as constituting a major advance in the process of multilateral liberalisation of trade in goods and services and, when fully implemented, is expected to improve economic efficiency and welfare from the global, national and sectoral standpoints. An important feature of the UR agreement is the incorporation of new sectors like textiles and clothing within the ambit of the GATT/WTO framework. In view of the fact that the textiles and clothing industry is one of the few sectors in which developing countries enjoy a distinct comparative advantage over industrial countries, the UR agreement holds considerable significance for developing economies like Pakistan

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Cheong, Eungyoung. "General Agreement on Trade in Services of the Free Trade Agreement and the Healthcare Services of South Korea and the Prospect of the System." Perspectives in Nursing Science 12, no. 1 (2015): 1. http://dx.doi.org/10.16952/pns.2015.12.1.1.

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Wiser, Glenn. "Frontiers in trade: the clean development mechanism and the general agreement on trade in services." International Journal of Global Environmental Issues 2, no. 3/4 (2002): 288. http://dx.doi.org/10.1504/ijgenvi.2002.002404.

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Rehulina, Rehulina, Ria Wierma Putri, and Yunita Maya Putri. "Pengaturan Sektor Jasa Pendidikan Indonesia Dalam Kerangka Liberalisasi WTO." PROGRESIF: Jurnal Hukum 16, no. 1 (June 28, 2021): 1–30. http://dx.doi.org/10.33019/progresif.v16i1.2071.

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Pengaturan perdagangan jasa dalam General Agreement on Trade and Services-World Trade Organizations dalam bidang jasa diatur pada pada putaran Doha bersama dengan 12 Sektor perdagangan lainnya yang merupakan kompromi antara negara berkembang dengan negara maju. Pengaturan liberalisasi perdagangan jasa dalam General Agreement on Trade and Services-World Trade Organizations pada sektor pendidikan di Indonesia telah terimplementasi pada Undang-Undang Nomor 20 Tahun 1999 Tentang Sistem Pendidikan Nasional dan Undang-Undang Nomor 12 Tahun 2012 Tentang Perguruan Tinggi. Kata Kunci: GATS, Liberalisasi Pendidikan, , WTO

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Gari, Gabriel. "China’s Preferential Treatment on Trade in Services: Is the Sleeping Dragon About to Wake Up?" Journal of World Trade 54, Issue 6 (December 1, 2020): 889–918. http://dx.doi.org/10.54648/trad2020038.

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This article examines China’s specific commitments and rules on trade in services included in its Preferential Trade Agreements. The findings reveal that so far such agreements include only modest improvements compared with General Agreement on Trade in Services (GATS). At the same time, the article argues that structural changes in China’s economy and a conducive policy environment are likely to stretch China’s preferential treatment on trade in services in years to come. However, the article warns that the dragon will remain particularly cautious to undertake new commitments that could limit its policy space to maintain its socialist market economy system, including disciplines on state owned enterprises, subsidies, competition and monopolies and exclusive service suppliers, data flows and regulatory coherence.

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Hoad, Darren. "The General Agreement on Trade in Services and the Impact of Trade Liberalisation on Tourism and Sustainability." Tourism and Hospitality Research 4, no. 3 (March 2003): 213–27. http://dx.doi.org/10.1177/146735840300400303.

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After years of protracted negotiation the General Agreement on Trade in Services (GATS) was due to come into force at the end of 2002. This agreement, the first multilateral and legally enforceable liberalisation agreement covering trade in services, including tourism services, aims to eliminate obstacles and discriminatory barriers to service trade and increase markets for investment. The agreement, covering a range of sectors, promises to have a significant effect on tourism service provision and perhaps pose a significant challenge to the efforts to develop sustainable forms of tourism. The subject of considerable controversy, the GATS has been criticised by human rights, environmental and developing world activist groups, many of whom see it as nothing more than a front for corporate domination of global markets, accelerating environmental degradation and undermining local governance structures. Supporters, on the other hand, see the GATS potential in overcoming trade disputes and hold out the promise of regional development and employment through increased inward investment. This paper aims to outline the GATS, examine its legal principles and explain the enthusiasm of its supporters and the concerns of the critics. Furthermore, it considers the potential impact of the GATS on sustainability and on issues such as local community participation and tourism governance.

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Noonan, Chris, and Victoria Plekhanova. "Taxation of Digital Services Under Trade Agreements." Journal of International Economic Law 23, no. 4 (December 1, 2020): 1015–39. http://dx.doi.org/10.1093/jiel/jgaa031.

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ABSTRACT The digitalization of the economy combined with sophisticated tax planning has enabled some multinationals to avoid paying almost any income tax in most market jurisdictions from which they earn substantial profits. Faced with financial and political pressures to act, market states have sought to expand their tax bases so that these multinationals, especially those providing internet advertising and digital intermediation services, pay their ‘fair’ share of tax. The failure to reach an agreed outcome among Organisation for Economic Co-operation and Development and Group of Twenty members has led to an increasing number of states to take unilateral measures. In doing so, states need to navigate their obligations under double taxation agreements and trade agreements. An examination of typical double taxation agreements, the General Agreement on Trade in Services, and recent preferential trade agreements shows that states have limited options to expand their tax bases in compliance with their international obligations. Here, the imposition of an appropriately designed digital services tax has political and legal advantages. The growing volume of cross-border digital services and data flows suggests that greater engagement between the international tax and trade regimes is likely in the future, including in the negotiations of disciplines on electronic commerce.

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Dasgupta, Anupal, and Sandeep Thomas Chandy. "Government Procurement Outside the GPA: A Developing Country View." Global Trade and Customs Journal 14, Issue 7/8 (August 1, 2019): 383–90. http://dx.doi.org/10.54648/gtcj2019044.

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Since the early days of the General Agreement on Tariffs and Trade (GATT), government procurement has been a topic sensitive to the developing world. Developed nations with the aim of promoting competition, transparency and enhanced value for money, entered into a plurilateral agreement to govern government procurement. This was later revised to enhance the level of commitments. Currently, over forty-eight WTO Members are signatories to the plurilateral agreement on government procurement. This leaves a large proportion of the membership still tied to the GATT-era commitments on government procurement. The extent of these commitments was later extended to other multilateral agreements such as the TRIMS (Trade Related Investment Measures), SCM Agreement (Agreement on Subsidies and Countervailing Measures), and the General Agreement on Trade in Services (GATS). This article aims to identify the extent of the commitments related to government procurement in these multilateral agreements and map out the policy space available to the developing countries.

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Pollock, Allyson M., and David Price. "The public health implications of world trade negotiations on the general agreement on trade in services and public services." Lancet 362, no. 9389 (September 2003): 1072–75. http://dx.doi.org/10.1016/s0140-6736(03)14419-4.

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Ostry, Aleck S. "International Trade Regulation and Publicly Funded Health Care in Canada." International Journal of Health Services 31, no. 3 (July 2001): 475–80. http://dx.doi.org/10.2190/mt8d-h4ec-jkme-3kd3.

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The World Trade Organization (WTO) creates new challenges for the Canadian health care system, arguably one of the most “socialized” systems in the world today. In particular, the WTO's enhanced trade dispute resolution powers, enforceable with sanctions, may make Canadian health care vulnerable to corporate penetration, particularly in the pharmaceutical and private health services delivery sectors. The Free Trade Agreement and its extension, the North American Free Trade Agreement, gave multinational pharmaceutical companies greater freedom in Canada at the expense of the Canadian generic drug industry. Recent challenges by the WTO have continued this process, which will limit the health care system's ability to control drug costs. And pressure is growing, through WTO's General Agreement on Trade in Services and moves by the Alberta provincial government to privatize health care delivery, to open up the Canadian system to corporate penetration. New WTO agreements will bring increasing pressure to privatize Canada's public health care system and limit government's ability to control pharmaceutical costs.

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LLOYD, PETER. "When should new areas of rules be added to the WTO?" World Trade Review 4, no. 2 (July 2005): 275–93. http://dx.doi.org/10.1017/s1474745605002399.

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When the WTO was created as an outcome of the Uruguay Round, one of the major differences from its predecessor, the GATT, was the addition of new areas of rules of trade. The General Agreement on Trade in Services (GATS), the Agreement on Trade-related Aspects of Intellectual Property (TRIPS), and to some extent also the Agreement on Trade-related Investment Measures (TRIMs) added sets of rules that were entirely new. By adding trade in services, the rules of the multilateral trade organization now encompass trade in all produced goods and services. The WTO rules, however, encompass neither the international movements of capital or labour, nor other non-trade policies, such as those relating to the environment, labour standards, and competition policy, with minor exceptions.

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Monardes V, Rodrigo. "Challenges For Countries In Trade In Services’ Negotiations With The Nafta Approach: The Experience Of Chile In The Free Trade Agreement With The United States." British Journal of American Legal Studies 5, no. 2 (December 1, 2016): 371–94. http://dx.doi.org/10.1515/bjals-2016-0013.

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Abstract The negotiation of trade in services in the context of a free trade agreement is particularly challenging for developing countries in view of the diverse nature of the services sector, the broad regulation applicable to the supply of services, the different modes of supply and the different approaches available for the adoption of the rules governing bilateral trade in services. Two main approaches are available for these negotiations, the General Agreement on Trade in Services (GATS) model or positive list approach, and the North American Free Trade Agreement (NAFTA) model or negative list approach. Even though these two models are similar with respect to the substantive obligations covering the conditions for supplying services, they differ significantly with respect to the manner and the structure of commitments. Chile faced significant challenges in concluding a free trade agreement with the United States. The importance of the trading partner and its market for Chilean exports meant that Chile had to adopt a number of unfamiliar features, particularly in relation to financial services and e-commerce, in order to facilitate and consolidate the process of opening its market. This article focuses on the chapters of the United States-Chile Free Trade Agreement addressing trade in services, i.e. cross-border trade in services, financial services, telecommunications, temporary entry of business persons and some provisions on e-commerce. Some investment issues will also be address, particularly those interacting with cross-border trade in services. Finally, the article explains the relevance of this approach as a model or basis for bilateral and plurilateral negotiations on trade in services for the Pacific Rim countries and as the preferred model for services trade liberalization for the Latin American countries.

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Naseer, Noreen. "World Trade Organization’s Agreements Affecting Pak-Afghan Border Tribes." Central Asia 81, Winter (June 30, 2018): 31–51. http://dx.doi.org/10.54418/ca-81.102.

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This paper attempts to highlight the perceived threats of World Trade Organization’s certain agreements to the livelihood of the tribes residing erstwhile FATA and adjacent five-border provinces/wilayatona of Afghanistan. There are seventeen agreements of WTO that deals with issues related to trade and commerce. The Agreement on Agriculture offers obligations for member states in the area of market access, tariff regulations, export competition, domestic support, export subsidies, food security, and environmental protection. If agreements such as Agreement on Agriculture, General Agreement on Trade and Services, Trade Policy Review Mechanism and Social Clause are extended without adjustment to the needs of poor nations and sub-nations living on the peripheries, then it may prove detrimental to their survival. To substantiate my argument, I have briefly discussed the adverse affects and recorded protests against such agreements by the poor indigenous people living across the world’s different peripheries.

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Santos, Milton, Jonathan Filippon, Áquilas Mendes, and Elias Kondilis. "International Trade and Health Care in Brazil: An Unpredicted Tale Threatening Health Care Entitlement?" International Journal of Health Services 49, no. 2 (February 14, 2019): 343–59. http://dx.doi.org/10.1177/0020731419828295.

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The General Agreement on Trade in Services (GATS), established in 1994, has been a key element of market liberalization of health care services. Brazil had the provision of health care services partially protected from international competition until 2015, when a constitutional change opened the national health care market to international provision. We performed a retrospective and prospective policy analysis based on a systematic policy document review, general literature review, and secondary data analysis mapping, describing and analyzing the international trade agreements signed by Brazil with the World Trade Organization (WTO) and the available legislation relevant to health care services. The provision of health care services was not included in the WTO commitments signed by Brazil during the analyzed period (1994–2018). Financing of private health insurance was part of the agreement since 1994. There was a mild liberalization of the private health insurance sector, while provision of health care services was forbidden to foreign investors until 2015. The mode 3 of GATS presents the greatest potential impact as it exposes health care provision to international competition. The international liberalization of the provision of health care services in Brazil is now legal and an observable consequence of the pressure to gradually lift trade barriers in the health and health care sector.

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Hartiana, Alberta. "PRINSIP-PRINSIP GATS (GENERAL AGREEMENT ON TRADE IN SERVICES) TERHADAP PERDAGANGAN JASA PENDIDIKAN TINGGI." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 5, no. 4 (May 31, 2017): 757. http://dx.doi.org/10.24843/jmhu.2016.v05.i04.p09.

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International trade in higher education belongs to the more complex reality in the international trade in services, become global trends and reform in system of higher education all over the world. This research is aimed at finding out both modes of supply and principles of GATS regarding international trade in services. The main objective of the GATS is creating a credible and reliable system of international trade rules; ensuring fair and equitable treatment of all members; stimulating economic activity through guaranteed policy bindings and promoting trade and development through progressive liberalization. This study used normative research. The method used for collecting data was the statute approach. Primary legal sources derived from WTO Trade in Services Division regarding GATS obligations and the principles of the international trade in services. The result of this study, it was found that, there were four modes of supply trade in education under GATS (article 1:2) such as: cross-border supply; consumption abroad; commercial presence and delivery abroad; and the principles of GATS divided into two categories; Firstly, unconditionally obligations, such as the Most-Favoured Nation (article II GATS) and Transparency (article III GATS) apply directly and automatically to all WTO members and services sector regardless of whether WTO member schedule commitment or not; Secondly, conditionally obligations such as: National Treatment (article XVII) and Market Access (article XVI) and only applies to commitment listed in national schedules.Perdagangan internasional dalam pendidikan tinggi milik realitas yang lebih kompleks dalam perdagangan internasional di bidang jasa, menjadi tren global dan reformasi dalam sistem pendidikan tinggi di seluruh dunia. Penelitian ini bertujuan untuk mengetahui model-model pasokan dan prinsip-prinsip GATS mengenai perdagangan internasional di bidang jasa. Tujuan utama dari GATS adalah menciptakan sistem yang kredibel dan terpercaya aturan perdagangan internasional; memastikan perlakuan yang adil dan merata dari seluruh anggota; merangsang kegiatan ekonomi melalui binding kebijakan dijamin dan mempromosikan perdagangan dan pembangunan melalui liberalisasi yang progresif. Penelitian ini menggunakan penelitian normatif. Metode yang digunakan untuk mengumpulkan data adalah pendekatan undang-undang. Sumber hukum primer berasal dari WTO/GATS Divisi Perdagangan Jasa mengenai kewajiban dan prinsip-prinsip perdagangan internasional di bidang jasa. Hasil penelitian ini, ditemukan bahwa, ada empat model perdagangan pasokan dalam pendidikan di bawah GATS (pasal 1: 2) seperti: pasokan lintas batas; Konsumsi di luar negeri; Kehadiran komersial dan pengiriman luar negeri; dan prinsip-prinsip GATS dibagi menjadi dua kategori; Pertama, kategori kewajiban tanpa syarat, yaitu: Most-Favoured Nation (pasal II GATS) dan Transparansi (pasal III GATS) berlaku secara langsung dan secara otomatis kepada semua anggota WTO dan sektor jasa terlepas dari apakah anggota WTO membuat jadwal komitmen atau tidak; Kedua, kewajiban dengan persyaratan seperti: Perlakuan Nasional (pasal XVII) dan Akses Pasar (pasal XVI) dan hanya diaplikasikan terhadap daftar komitmen yang tercantum dalam jadwal nasional.

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Muller, Gilles. "The Necessity Test and Trade in Services: Unfinished Business?" Journal of World Trade 49, Issue 6 (December 1, 2015): 951–73. http://dx.doi.org/10.54648/trad2015037.

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The necessity test is a fundamental principle in the World Trade Organization (WTO) system. It seeks to strike a balance between two important goals: preserving the freedom of WTO Members to set and meet their regulatory objectives through measures of their own choosing, while discouraging them from adopting or maintaining measures that unduly restrict trade. This paper analyses the necessity test in relation to trade in services. Under the General Agreement on Trade in Services (GATS), the test is used as both an exception and an obligation. The test in the form of an exception draws heavily on Article XX General Agreement on Tariffs and Trade (GATT) jurisprudence and its content is well established. In contrast, its structure as an obligation is still under negotiation. While the elements for the adoption and interpretation of the test in the form of an obligation appear to be on the table, a lack of political momentum makes progress extremely unlikely. At the same time, discussions in other fora, notably the Trade in Services Agreement (TISA) and the Transatlantic Trade and Investment Partnership (TTIP), may change the situation. However, these negotiations are still ongoing, which begs the question of whether the necessity test will remain unfinished business.

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Yan, Yuhong. "The Recent Development On The Discipline Of Services Domestic Regulation And The Debate On The Necessity Test: From The Perspective Of The CPTPP, RCEP, And SDR Reference Paper." Journal of World Trade 58, Issue 2 (April 1, 2024): 315–30. http://dx.doi.org/10.54648/trad2024015.

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The discipline of services domestic regulation (“SDR discipline”), with a view to ensuring progressive liberalization of trade in services while also respecting the national regulatory prerogatives at the same time, addresses issues concerning the formulation, publication, and administration of SDR, and the authorization for the supply of a service. In addition to Article VI General Agreement on Trade in Services (GATS), an increasing number of international trade agreements has developed the SDR discipline with GATS-plus or GATS-extra characteristics, which helps enhance the transparency and regulatory quality of SDR, promote trade facilitation and increase the predictability and efficiency of authorization procedures for the services providers hoping to do business in foreign markets. This paper investigates the negotiating history of the SDR discipline at the multilateral, plurilateral, and regional levels, explores the evolving trends of the SDR discipline from the perspective of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Regional Comprehensive Economic Partnership (RCEP), and the Reference Paper on SDR, and addresses the debate on the necessity test surrounding the SDR discipline negotiation. services domestic regulation, necessity test, transparency, trade facilitation, predictability of authorization, gender equality

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Usmanova S. Bultakovna. "Legal regulation of tourism services in the framework of the general agreement on trade in services." Scientific Temper 15, no. 02 (June 15, 2024): 2291–98. http://dx.doi.org/10.58414/scientifictemper.2024.15.2.43.

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The research paper analyses the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO) as one of the contractual sources of international law. Emphasizing the main aspects of the GATS, the author describes tourism services as one of its regulatory spheres. Moreover, in the research paper, it has been learned about the practices of foreign developing countries in the process of joining the WTO, as well as critical issues related to it. It is known that the membership of the Republic of Uzbekistan in this organization will create the responsibility for a comprehensive analysis of the issues of its participation in the future, which will play an important role in the further integration of the country into the world community. In this regard, the research aims to identify and underline topical issues for Uzbekistan concerning the regulation of tourism services within the WTO as well as law enforcement practices that Uzbekistan should consider during the process of accessing this international organization. Therefore, the research paper emphasizes the experience of the WTO member countries, the regulation of tourism services, and the analysis of its specific aspects.

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Richards, Cameron, and Farrokh Farrokhnia. "E-Commerce Products Under the World Trade Organization Agreements: Goods, Services, Both or Neither?" Journal of World Trade 50, Issue 5 (October 1, 2016): 793–817. http://dx.doi.org/10.54648/trad2016032.

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E-commerce is becoming an increasingly important focus of the international trade. Dealing with the virtual nature of e-commerce to create a borderless global economy requires the involvement of the World Trade Organization (WTO) as the only international organization regulating global trade between nations. However, the WTO has struggled in its efforts to address the various uncertainties of classification applied to e-commerce products (hereinafter ‘Classification’) under its existing Agreements (e.g. General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS)). This article investigates how a comprehensive approach is needed to address foundational Classification challenges. Using the key tools of the grounded theory method, this article analyses all the WTO Members’ discussions (1998–2014) related to the Classification issue. It does so as a basis for critiquing the WTO’s approach to addressing this challenge. It argues e-commerce products are both or neither goods or services. Extending the territorial and geographical notions created for traditional trade to the virtual nature of digital world is simply inadequate and fails to appropriately draw a certain line between traditional trade and existing as well as emerging e-commerce products. On this basis this article provides an outline of the distinct and more integrated approach needed.

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Drake, William J., and Kalypso Nicolaïdis. "Ideas, interests, and institutionalization: “trade in services” and the Uruguay Round." International Organization 46, no. 1 (1992): 37–100. http://dx.doi.org/10.1017/s0020818300001454.

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After much deliberation, member governments of the General Agreement on Tariffs and Trade (GATT) agreed to pursue a new regime for international trade in services as part of the Uruguay Round negotiations begun in 1986. The talks have produced a draft agreement—the General Agreement on Trade in Services (GATS)—which, if ratified, could have important implications for the world economy. But when the question of trade in services first arose, most governments did not understand the issues or know whether a multilateral agreement would be to their advantage. If anything, their existing national interests and institutions seemed contrary to the goal of liberalizing trade in services. This article argues that an epistemic community of services experts played a crucial role in clarifying and framing the complex issue of trade in services and placing it on the global agenda. Through their analyses of the services issues and their interactions with policymakers, the epistemic community members were able to convince governments that international services transactions had common trade properties and that the liberalization of services through removal of nontariff barriers was potentially advantageous to developing as well as developed countries. In addition to fostering international negotiations within the GATT forum and helping states redefine their interests, the community members were instrumental in specifying a range of policy options to be considered. However, once governments understood their interests and domestic constituencies were mobilized, their policy choices were influenced more by power and bargaining dynamics than by continuing, direct epistemic community influence.

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Persin, Daniela. "Market Access for Small versus Large Service Enterprises: The Preferential and Multilateral Trade Liberalization Tracks Compared." Journal of World Trade 45, Issue 4 (August 1, 2011): 785–819. http://dx.doi.org/10.54648/trad2011027.

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Political economy theories of international trade predict the convergence of trade policy preferences between small and large exporting enterprises within a sector. However, this convergence does not generally occur in service trade, which restricts the way a service provider is allowed to supply a service across borders. By comparing the latest General Agreement on Trade in Services (GATS) offers with the new preferential services trade agreements of the 2000s, this paper explores the extent each liberalization track provides market access in modes of supply preferred by either small or large enterprises. It finds that the preferential track is more likely to level the playing field between the two.

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Journal articles on the topic 'General Agreement on Trade in Services'

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