Service provision and migration : EU and WTO service trade liberalization and their impact on Dutch and UK immigration rules / by Simon J. Tans.
2017
KJE5170 .T36 2017 (Map It)
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Details
Author
Title
Service provision and migration : EU and WTO service trade liberalization and their impact on Dutch and UK immigration rules / by Simon J. Tans.
Published
Leiden ; Boston : Brill/Nijhoff, [2017]
Call Number
KJE5170 .T36 2017
ISBN
9789004336797 (hardback : alk. paper)
9004336796 (hardback : alk. paper)
9789004336803 (e-book)
9004336796 (hardback : alk. paper)
9789004336803 (e-book)
Description
x, 472 pages ; 25 cm.
System Control No.
(OCoLC)973912936
Summary
This book investigates how liberalization of service provision related to movement of natural persons takes shape within EU and WTO law. It also contains an investigation of the implementation of the identified obligations derived from EU law and the GATS in the Dutch legal order and that of the United Kingdom. A thorough investigation of the chosen strategies in each legal order is provided, including a comparison of the differences and similarities between these strategies. The resulting overview provides insight into the tension that exists between the international obligations related to service mobility of the two investigated states on the one hand, and their migration law and access to the labour market legislation on the other.
Note
This book investigates how liberalization of service provision related to movement of natural persons takes shape within EU and WTO law. It also contains an investigation of the implementation of the identified obligations derived from EU law and the GATS in the Dutch legal order and that of the United Kingdom. A thorough investigation of the chosen strategies in each legal order is provided, including a comparison of the differences and similarities between these strategies. The resulting overview provides insight into the tension that exists between the international obligations related to service mobility of the two investigated states on the one hand, and their migration law and access to the labour market legislation on the other.
Bibliography, etc. Note
Includes bibliographical references (pages 415-442) and index.
Available in Other Form
Online version: Tans, Simon J., author. Service provision and migration Leiden ; Boston : Brill/Nijhoff, 2017 9789004336803 (DLC) 2017012701
Record Appears in
Table of Contents
Acknowledgements
vii
List of Abbreviations
ix
1.
Introduction
1
1.1.
Consequences of Service Trade Liberalization --- Problem Setting
1
1.2.
Background of Service Mobility
4
1.3.
Research Questions
19
1.4.
Methodology and Explanation of Research Choices
20
1.5.
Structure
22
2.
World Trade Organization and the General Agreement on Trade in Services
24
2.1.
Introduction
24
2.2.
Brief Account of the Events Leading to Multilateral Trade Cooperation
24
2.3.
System of the WTO and the GATS
43
2.4.
Movement of Persons, GATS Mode 4
69
2.5.
Obligations of WTO Members in Respect of Mode 4 Service Suppliers
84
2.6.
Enforcement of WTO Law
126
2.7.
Analysis and Conclusions
134
3.
EU Law and the Freedom of Movement of Service Providers
139
3.1.
Introduction
139
3.2.
European Economic Integration
139
3.3.
Scope of the Freedom to Provide Services
155
3.4.
Categories of Persons Enjoying the Freedom to Provide Services
170
3.5.
EU Rights Provided to Service Suppliers
195
3.6.
Enforcement of EU Law
224
3.7.
Analysis and Conclusions
231
4.
WTO and the EU, Similarities and Differences in Services Mobility Liberalization
233
4.1.
Introduction
233
4.2.
Aim
236
4.3.
Method of the EU and the WTO to Reach a Level Playing Field
240
4.4.
Scope of WTO and EU Freedom to Provide Services
259
4.5.
Facilitation of Implementation through European Law
260
4.6.
Conclusions
267
5.
Implementation of Service Trade Liberalization in Dutch Law and Policy
270
5.1.
Introduction
270
5.2.
Dutch Immigration and Labour Market Rules for Third-country Nationals
274
5.3.
Dutch GATS Mode 4 Commitments and Implementation
295
5.4.
Implementation of EU Obligations in Dutch Law and Practice
311
5.5.
Conclusions
325
6.
Implementation of Service Trade Liberalization in UK Law and Policy
329
6.1.
Introduction
329
6.2.
UK Immigration and Labour Market Rules for Third-country Nationals
331
6.3.
UK GATS Mode 4 Commitments and Implementation
344
6.4.
Implementation of EU Obligations in UK Law and Practice
366
6.5.
Conclusions
374
7.
Conclusion and Analysis
376
7.1.
Overview
376
7.2.
Main Conclusions WTO Law and the GATS
378
7.3.
Main Conclusions EU Law and the Freedom of Movement of Service Providers
384
7.4.
Comparing Goals and Methods, WTO and EU Service Trade Liberalization
387
7.5.
Implementation of Service Mobility Obligations in the National Legal Order
391
7.6.
Concluding Analysis
409
References
415
Legislation and Policy Documents
443
Case Law
455
Index
470