Services liberalization in the EU and the WTO : concepts, standards and regulatory approaches

著者

書誌事項

Services liberalization in the EU and the WTO : concepts, standards and regulatory approaches

Marcus Klamert

（Cambridge studies in European law and policy）

Cambridge University Press, 2015

  • : hardback

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Summary: "Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike"--Provided by publisher

Summary: "Services liberalization is just as much a hot potato within the European Union as it is within the WTO. In this work Markus Klamert offers a stimulating examination of how the EU and the WTO have coped with market liberalization and with the development of regulatory standards. His analysis almost recalls the perceived relationship between the United Kingdom and the United States (two nations divided by a common language). While the EU and WTO regimes display manifest differences, the language of market access, discrimination, justifi cation and harmonization can be seen as being hewn from the same roots. This work seeks to lift the veil of ignorance about these similarities and to encourage more cross-fertilization than has hitherto occurred"--Provided by publisher

Includes bibliographical references and index

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内容説明・目次

内容説明

Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.

目次

  • 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.

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