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International Trade in Services and Domestic Regulations - Necessity, Transparency, and Regulatory Diversity (Hardcover, New)
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International Trade in Services and Domestic Regulations - Necessity, Transparency, and Regulatory Diversity (Hardcover, New)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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In 2005 the WTO Appellate body ruled that the United States' total
prohibition on cross border gambling services was unlawful under
the General Agreement on Trade in Services (GATS). The questions
raised by the case - whether and how a Government could block
service provision on moral grounds - went to the heart of key
controversies surrounding international economic law. How do you
reconcile a liberal system of international trade in services with
national governments' desire to protect social values through
service regulation? How much control are the WTO members willing to
transfer to the WTO? How much regulatory diversity can the
international trading system withstand? This book provides a
comprehensive analysis of the regulation of services under the
WTO's GATS Agreement. Through a thorough examination of the GATS
negotiation history, substantive provisions, judicial
interpretation, and ongoing reform process, the book presents a
clear picture of how the multilateral trading system justifies and
tolerates regulatory diversity. In this respect, the book focuses
on the core general principles of necessity and transparency, which
would allow the assessment of the consistency with the GATS of
domestic regulations in services at a horizontal, cross-sectoral
level. In addition, the book reviews with a critical eye the
ongoing GATS negotiations on the creation of rules on domestic
regulations.
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