Developing countries and preferential services trade / Charlotte Sieber-Gasser.
2016
K3973 .S56 2016 (Map It)
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Details
Title
Developing countries and preferential services trade / Charlotte Sieber-Gasser.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
K3973 .S56 2016
ISBN
9781107147560 (hardback)
1107147565 (hardback)
1107147565 (hardback)
Description
xxx, 328 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)940342371
Note
Based on the author's thesis (doctoral - University of Bern, 2014) issued under title: South-South Preferential Trade Agreements in Services : Exploring the Scope for Development in International Economic Law.
Bibliography, etc. Note
Includes bibliographical references (pages 294-316) and index.
Record Appears in
Table of Contents
List of Figures
xiii
List of Tables
xiv
Acknowledgements
xv
List of Abbreviations
xvii
Table of Agreements
xx
Table of Cases
xxix
Foundations
1
1.
Special and Differential Treatment in the WTO
3
I.
Developing Countries in the WTO
4
II.
Least-Developed Countries in the WTO
13
III.
Special and Differential Treatment
17
IV.
In Summary
24
2.
Rationale for South-South Services Trade
27
I.
Trade in Services
29
II.
Development Effect of Services Trade
37
III.
Controversies of Preferential Services Trade
40
3.
Quest of this Study
44
I.
South-South in this Study
45
II.
Gap in Literature and Why Understanding South-South Services Trade Matters
50
III.
Methodology
52
IV.
Mapping Preferential Trade Agreements in Services
54
V.
Structure of the Study
57
pt. I
Preferential Services Trade
61
1.
History and Geography of Preferential Services Trade
63
I.
Influence of Early PTAs on GATS
67
2.
Stock-taking of Preferential Services Trade Agreements
73
I.
Lack of Notifications to the WTO
73
3.
Current Level of Liberalisation
80
I.
Low Level of Liberalisation
80
4.
Special Case of South-South Preferential Services Trade
86
I.
History of South-South PTAs
89
II.
Geography of South-South PTAs
104
pt. II
Legal Regime for Preferential Services Trade
107
1.
Historical Background of Preferentialism in Services Trade and its Regulation
110
I.
Regulatory Flexibilities for Preferential Trade
117
II.
Most-Favoured Nation Treatment (GATS Art. II)
120
2.
GATS Art. V
128
I.
Positioning GATS Art. V in International Economic Law
129
II.
Chapeau of GATS Art. V
134
III.
Quantitative Requirements: GATS Art. V:1 lit. a and lit. b
135
IV.
Qualitative Requirements: GATS Art. V:1 lit. b
137
V.
Related Provision: GATT Art. XXIV
155
3.
Regulatory Flexibilities in the GATS: Special and Differential Treatment
160
4.
Compliance with GATS Worldwide
163
5.
Loopholes in the GATS: Problems in Practice
165
I.
Language of GATS Art. V
167
II.
Missing Case Law
169
6.
Innovation in South-South Agreements?
173
I.
Sectors of Interest
175
II.
Modes of Supply
188
7.
In Summary
192
pt. III
Legal Regime for South-South Preferential Services Trade
195
1.
Legal Scope of Flexibilities for South-South Preferential Services Trade
201
I.
Preamble of the GATS
203
II.
Preferential Trade in Services: GATS Art. V
206
III.
Flexibilities on the Basis of the Positive List Approach
213
IV.
Flexibilities Embedded in Special and Differential Treatment
216
V.
Waiver
218
VI.
Enabling Clause
220
2.
Legal Arguments for a Large Scope of Flexibilities in the GATS
224
I.
No Additional Flexibility: The Narrow Interpretation
226
II.
Flexibility in Number of Sectors and Level of Liberalisation: The Medium Interpretation
227
III.
Sectorial Agreements: Broad Interpretation
228
3.
New Approach to a Better Use of the Scope of Flexibilities
231
I.
Depth of Regulation
233
II.
GATS-Plus, GATS-Extra and GATS-Minus
239
III.
Sectors of Interest
244
IV.
Modes of Supply
248
V.
Compliance with GATS
252
VI.
Implementation of GATS Art. V Requirements
260
VII.
Implications for the Scope of GATS Art. V
262
VIII.
Lessons to be Learned
264
IX.
Innovation in South-South Agreements
266
4.
Systemic Considerations
271
I.
Legal Uncertainty
273
II.
Political and Economic Effect
275
III.
Number of Notifications
277
IV.
Level of Liberalisation
277
5.
In Summary
281
Conclusion
285
1.
Lessons for the WTO
289
2.
Lessons for the Architecture of International Economic Law
291
3.
Critical Issues for Future Research
293
Bibliography
294
Index
317