International Trade in Services and Domestic Regulations: Necessity, Transparency and Regulatory Diversity
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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 traditional 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. The book develops a horizontal framework for the assessment of whether a national barrier to trade in services is lawful, across all service sectors, focusing on the core general principles of necessity and transparency.
Format:Hardcover
Language:English
ISBN:0199533156
ISBN13:9780199533152
Release Date:March 2008
Publisher:Oxford University Press, USA
Length:366 Pages
Weight:1.51 lbs.
Dimensions:0.8" x 6.1" x 9.2"
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