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
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.
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.