Services Liberalization in the EU and the WTO: Concepts, Standards and Regulatory Approaches

ISBN-13: 9781107034594 / Angielski / Twarda / 2014 / 356 str.

Marcus Klamert

Opis

Both in WTO law and in EU law there is a dichotomy between liberalization based on market access and liberalization targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect, as demonstrated in the debate on the Keck principles in EU law and the US Gambling decision in WTO law. Moreover, both the EU and the WTO exempt certain categories of 'public' services under partly comparable and complex conditions. Specific to EU law are the legal issues that have arisen because of the recent adoption of the Services Directive, which has both amended EU services law and has led to a fragmentation of the rules applicable to different service sectors in the EU. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective."

Recenzje

'[T]here is no doubt that Services Liberalization in the EU and the WTO: Concepts, Standards, and Regulatory Approaches contributes to the current stage of knowledge. Marcus Klamert and his co-authors have engaged in an important, in-depth comparative exercise that has resulted in deconstructing the WTO and the EU regulatory standards, delineating the sectoral coverage of the regimes, and suggesting legislative changes in the name of more clarity and systematisation, for example by finding a transparent basis for the non-discrimination test in the EU. Despite the fact that the book refers to economic and technical challenges accompanying the trade in services only sporadically, and is a purely legal exercise, it is a valuable source of reference for other scholars in the field.' Branislav Hock, International Trade Law & Regulation

Spis treści

1. WTO Law on Services: a starter kit; 2. The relation between the EU and WTO: differentiation and participation; 3. EU Primary Law on Services: fundamentals and delimitations; 4. Deconstructing the EU Law on Services and Establishments; 5. Variatio delectat? Different regulatory approaches for different services; 6. The Services Directive: innovation and fragmentation; 7. The implementation of the Services Directive: a Herculean effort with poor results?; 8. Principles of Services Law in the EU and the WTO: comparing the comparable; 9. Quo vadit?: Conclusions and recommendations.