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National Regulation and Trade Liberalization in Services

National Regulation and Trade Liberalization in Services

By Markus Krajewski


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Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services.

This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following:

  • the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law
  • policies common to diverse national regulatory systems
  • the notions of 'deregulation' and 'privatization'
  • the human rights implications of international trade law
  • the GATS obligations of market access, national treatment, and most-favoured-nation treatment
  • the role of the WTO's dispute settlement organs
  • GATS transparency obligations

Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.

Publish Date 11/21/2003
Product Line Kluwer Law International
ISBN 9789041121417
SKU 10058325-0001
Table of Contents
    Preface. Abbreviations. Table of Cases. Introduction. Chapter 1. Conceptualizing the Framework of Analysis. 1. Regulation. 2. Liberalization. 3. Deregulation and Privatization. 4. Regulation and Liberalization as Elements of the State-Market Relationship. Chapter 2. Regulatory Policies and Instruments. 1. Economics and Politics of Regulation. 2. Types and Instruments of Regulation. 3. Deregulation, Re-regulation and Regulatory Reform. 4. Conclusion. Chapter 3. Structure and Scope of Trade Liberalization under GATS. 1. Overview of GATS. 2. Interpreting GATS. 3. Scope of the GATS. Chapter 4. Market Access and Non-discrimination. 1. Schedules of Specific Commitments. 2. Market Access. 3. National Treatment. 4. Non-violation Nullification and Impairment of Specific Commitments. 5. Most-favoured-nation Treatment. Chapter 5. Transparency, Disciplines on Domestic Regulation and General Exceptions. 1. Transparency and Related Administrative Obligations. 2. Future Disciplines on Domestic Regulations. 3. Adjudicating Necessity: Limits of the WTO Dispute Settlement System to Reconcile Trade Liberalization and National Regulation. 4. General Exceptions. Chapter 6. Sectoral Examples: Telecommunications and Health Services. 1. Telecommunications. 2. Health Services. Conclusion. Annex. Bibliography. Index.