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Coherence and Divergence in Services Trade Law (Hardcover, 1st ed. 2020)
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Coherence and Divergence in Services Trade Law (Hardcover, 1st ed. 2020)
Series: Special Issue
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This book addresses topical questions concerning the legal
framework of trade in services, and assesses how these issues are
dealt with in GATS and in selected preferential trade agreements.
In addition, the chapters discuss whether the differences and
similarities (if any) are evidence of greater coherence or greater
divergence. The book combines the individual analyses to provide a
more comprehensive picture of the current law on services trade
liberalisation.A quarter of a century after the conclusion of the
General Agreement on Trade and Services (GATS), international law
on trade in services is still in a state of flux: on the one hand,
countries increasingly conclude bilateral and regional trade
agreements with sections on trade in services that aim at a further
liberalisation of services trade. On the other, the GATS structure
remains the dominant model and serves as the basis for many
preferential trade agreements. In addition, new aspects such as
electronic commerce, data protection and taxation are now emerging,
while issues that had already manifested in the mid-1990s such as
financial services regulation, labour mobility, and
telecommunications continue to be problematic. Usually, the debates
focus on the question of whether preferential trade agreements
serve as a stepping-stone or stumbling block for trade
liberalisation at the multilateral level. However, it can be
assumed that rules on trade in services in preferential trade
agreements will coexist with the global GATS regime for the
foreseeable future. This raises the question of whether we're
currently witnessing a drive towards greater coherence or more
divergence in agreements on trade in services.
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