WTO Domestic Regulation and Services Trade: Putting Principles into Practice

doi:10.1017/CBO9781107476448

Domestic regulation of services sectors has a significant impact on services trade liberalization, which is why General Agreement on Trade in Services (GATS) disciplines are negotiated in the WTO. With the help of analyses and case-studies from academics, regulators and trade experts, this book explores the scope and limits of WTO legal principles to promote domestic regulatory reform. Case-studies discuss country-specific challenges and experiences of regulating important service sectors, such as finance, telecommunications, distribution, legal, education, health, postal and logistics services, as well as the role of regulatory impact assessments. The findings will interest trade officials, policy-makers, regulators, think tanks and businesses concerned with the implications of domestic regulation on access to services markets, and with the opportunities for formulating trade disciplines in this area. It is also a useful resource for academics and students researching regulatory approaches and practices in services sectors.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vii
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List of contributors
pp viii-xix
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Foreword
pp xx-xx
- By Roberto Azevêdo, WTO Director-General
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Disclaimer
pp xxi-xxi
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Acknowledgements
pp xxii-xxii
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List of abbreviations
pp xxiii-xxvi
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1 - An introduction to domestic regulation and GATS
pp 1-22
- By Aik Hoe Lim, World Trade Organization, Geneva , Bart de Meester, Sidley Austin LLP, Geneva
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Part I - Impediments to services trade, regulatory theory and principles
pp 23-24
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2 - Why regulate? An overview of the rationale and purpose behind regulation
pp 25-46
- By Tinne Heremans, European Affairs Programme, Egmont Institute
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3 - Domestic regulation: what are the costs and benefits for international trade in services?
pp 47-62
- By Hildegunn Kyvik Nordås, OECD
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Part II - Legal perspectives on WTO principles and domestic regulations
pp 63-64
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4 - Reasonableness, impartiality and objectivity
pp 65-78
- By Andrew Mitchell, Melbourne Law School, Global Economic Law Network, and Melbourne School of Government, Tania Voon, University of Melbourne
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5 - Balancing legal certainty with regulatory flexibility
pp 79-94
- By Markus Krajewski, University of Erlangen-Nuremberg, Germany
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6 - Who’s afraid of necessity? And why it matters?
pp 95-109
- By Panagiotis Delimatsis, Tilburg University, the Netherlands
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7 - Mutual recognition of services regulation at the WTO
pp 110-126
- By Joel P. Trachtman, Fletcher School of Law and Diplomacy
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Part III - Case studies
pp 127-128
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8 - Legal services in the United States
pp 129-141
- By Erica Moeser, National Conference of Bar Examiners, Laurel S. Terry, Penn State Dickinson School of Law in Carlisle, Pennsylvania
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9 - Telecommunications reform in China: fostering competition through state intervention
pp 142-158
- By Henry Gao, Singapore Management University
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10 - Information communications technology: the Mauritian experience of regulation and reform
pp 159-180
- By Krishna Oolun, Information and Communications Technology (ICT) Authority of Mauritius
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11 - Regulation of postal services in a changing market environment: lessons from Australia and elsewhere
pp 181-200
- By Siva Somasundram, International Regulatory Affairs Department of Australia Post, Iain Sandford, Sidley Austin’s International Trade and Dispute Resolution Group
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12 - Mobile money services provision in East Africa: the Ugandan experience
pp 201-220
- By Joan Apecu, Council and Trade Negotiations Committee Division of the WTO, Irene Kaggwa Sewankambo, Research and Coordinator, Office of Executive Director Uganda Communications Commission, Yusuf Atiku Abdalla, Bank of Uganda
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13 - Financial services liberalization and regulation in Japan: implications for future negotiation on market access and domestic regulations
pp 221-238
- By Masamichi Kono, International Affairs, the Financial Services Agency, Government of Japan (JFSA), Koichi Iwai, Financial Services Agency, Government of Japan, Yoshitaka Sakai, Financial Services Agency, Government of Japan
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14 - Domestic regulations in Malaysia’s higher education sector
pp 239-253
- By Tham Siew Yean, Institute of Malaysian and International Studies (IKMAS), Universiti Kebangsaan Malaysia, Nik Ahmad Kamal Nik Mahmod, Kulliyyah (Faculty) of Laws, International Islamic University, Malaysia
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15 - Domestic regulations and India’s trade in health services: a study of hospital and telemedicine services
pp 254-269
- By Rupa Chanda, Indian Institute of Management (IIM) Bangalore, Pralok Gupta, Industrial Finance Corporation of India
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16 - Operating integrated logistics services in a fragmented regulatory environment: what is the cost?
pp 270-288
- By Ruosi Zhang, Trade in Services Division of the WTO Secretariat
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17 - Domestic regulation of retail food distribution services in Israel: the missing link between food prices and social protest
pp 289-306
- By Tomer Broude, Hebrew University of Jerusalem and Minerva Center for Human Rights, Jerusalem, Lior Herman, Hebrew University of Jerusalem
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18 - Regulatory impact analysis: addressing the trade and regulatory nexus
pp 307-322
- By Darrell Porter, Australian Office of Best Practice Regulation, Lauren Wight, Office of Best Practice Regulation, Australian Department of Finance and Deregulation
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Part IV - Concluding remarks
pp 323-324
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19 - Services liberalization, negotiations and regulation: some lessons from the GATS experience
pp 325-331
- By Hamid Mamdouh, Services Division of the WTO
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Putting Principles into Practice

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