Digital Services in International Trade Law

2021 ◽  
Author(s):  
Ines Willemyns
Keyword(s):  
International Trade ◽  
Case Studies ◽  
Legal Framework ◽  
Trade In Services ◽  
Services Trade ◽  
Trade Law ◽  
International Trade Law ◽  
Digital Services ◽  
International Obligations ◽  
The Impact

Digitisation has significantly impacted international trade. This book explains the impact of digitisation on trade in services, the ensuing concept of 'digital services' and the different types of trade barriers these services face. This book establishes that the legal framework that applies to trade in services also applies to digital services. It elaborates on the scope of the General Agreement on Trade in Services (GATS) and how to classify digital services. The relevant GATS obligations are subsequently applied to several case studies that illustrate the barriers to digital services trade. These case studies demonstrate the impact of the applicability of GATS to digital services on countries' international obligations. Finally, the book maps the electronic commerce-related provisions in in regional trade agreements (RTAs). Six extensive e-commerce RTAs are compared in depth and it is considered whether they add substantially to the existing multilateral obligations applicable to digital services trade.

International Trade Law: the Impact of Justiciability and Separations of Powers in EC Law

2009 ◽  
Vol 5 (2) ◽  
pp. 307-326 ◽  
Author(s):  
Thomas Cottier
Keyword(s):  
International Trade ◽  
Separation Of Powers ◽  
International Agreements ◽  
Checks And Balances ◽  
Trade Law ◽  
International Trade Law ◽  
External Relations ◽  
Ec Law ◽  
The Impact ◽  
Current Standards

Direct effect of international agreements – WTO – Current jurisprudence and theories – Implications for separation of powers and checks and balances – Justiciability – Criticism of current standards: precision and reciprocity – Reversal of dual concept in EU external relations

scholarly journals Animals and the Impact of Trade Law and Policy: A Global Animal Law Question

2020 ◽  
Vol 9 (2) ◽  
pp. 239-262
Author(s):  
Iyan Offor
Keyword(s):  
European Union ◽  
International Trade ◽  
Animal Welfare ◽  
The European Union ◽  
Promising Alternative ◽  
Animal Law ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
The Impact

AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

scholarly journals Trade and the Environment: Competition, Cooperation or Confusion

1969 ◽  
pp. 745
Author(s):  
Donald McRae
Keyword(s):  
International Trade ◽  
Environmental Regulation ◽  
Environmental Sustainability ◽  
Mutual Benefit ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
The Media ◽  
The Impact

The intersection of international trade law and environmental sustainability has been subject to much scrutiny, both in the media and in internationally constituted bodies. Views on the impact of trade on the environment range from one of mutual benefit to an assertion of real threat. The author assesses the bases upon which criticism of the WTO is commonly levelled, and provides a reasoned analysis of the nature of the trade and environment debate. In addressing this question, the author examines the purview of the WTO pertaining to trade law, and delineates to what extent environmental protection encroaches upon international trade obligations. To this end, the author considers the means by which conflicts between trade and the environment have been reconciled, and draws attention to issues that obstruct resolution. Lastly, concerns central to the trade and environmental regulatory schemes themselves are raised. The author concludes that the long term viability of international trade equally benefiting the developed and developing world is dependent upon corresponding environmental regulation.

WTO Crisis through the Lens of Hegemony Theories: When International Trade Law and Geopolitics Collide

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Rafael Ramos Codeço
Keyword(s):  
International Trade ◽  
World War Ii ◽  
Legal Framework ◽  
Policy Recommendations ◽  
World War ◽  
Trade Law ◽  
International Trade Law ◽  
Liberal Trade ◽  
Political Economic ◽  
Hegemonic Transition

Abstract The liberal trade order that prevailed after World War II is shifting to an order where major powers increasingly intervene to secure political, economic, and technological gains – in a dynamic that results in a deep crisis of the WTO and the retreat of globalization. Whereas International Trade Law-centred analysis points out that this phenomenon occurs due to faults in the WTO legal framework, the assessment of the issue through the lens of Hegemony Theories indicate that the roots of the crisis stand in the ongoing process of hegemonic transition since the U.S. – the traditional patron of free trade, perceive such order as beneficial to China, which is the emerging power that has been grasping huge advantages from international trade. International regimes and the institutions that govern it are forged by the hegemons’ leadership and largely reflect their preferences. Consequently, the emergence of a new challenger and the hegemon declining power tend to cause disruptions in the prevailing order. Policy recommendations to overcome the WTO crisis must benefit from the insights from Hegemony Theories.

7 Germany

2014 ◽  
Author(s):  
Happ Richard
Keyword(s):  
International Trade ◽  
United Kingdom ◽  
United Nations ◽  
Legal Framework ◽  
International Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
The United Kingdom ◽  
Model Law

This chapter evaluates the merits of Germany as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Germany; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Germany offers a modern and effective legal framework for international arbitration. As in other popular arbitration jurisdictions, there are deviations from the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral tribunals. One possible obstacle in the minds of foreign lawyers is that there is not a single German arbitration venue akin to London for the United Kingdom or Paris for France. Instead, there are at least six suitable venues in Germany. The ability to choose should not be seen as an obstacle, but rather as an advantage.

scholarly journals SERVICES' MODES OF SUPPLY: THEORETICAL ASPECTS AND IMPLEMENTATION SPECIFICS IN THE INCONSISTENT PRESENT

2021 ◽  
Vol 71 (2) ◽  
Author(s):  
Vasyl Pavliuk ◽  
Volodymyr Mulenko
Keyword(s):  
International Trade ◽  
Service Sector ◽  
Modern World ◽  
Trade In Services ◽  
Services Trade ◽  
Cross Border ◽  
Study Results ◽  
Commercial Presence ◽  
The Cross ◽  
The Impact

The significant role of services in modern world trade, international migration of labor and capital, science and technology, information space, creates the need to research services' modes of supply and the impact of the pandemic on the specifics of these modes’ usage. The article is focused on the refinement and improvement of existing services' modes of supply and theoretical aspects of the international trade in services operations; identification of future trends in the service sector and the use of existing supply models. Four trade in services modes of supply depending on the need to move the supplier or consumer are distinguished: cross-border supply, consumption abroad, commercial presence and presence of natural persons. It was found that the existence of trade in services modes of supply is due to the specifics of international trade in services, such as the need for direct contact between supplier and consumer, greater protection by the state compared to trade in goods, impossibility of some services types selling in international markets, regulation by domestic legislation of individual countries etc. Identification of a fifth trade in services mode of supply in which the consumer and supplier move to a third country to trade in services is proposed. It is established that creating of a commercial presence is the most used model. The future growth of services’ trade in the cross-border regime is substantiated as a consequence of the necessity to operate service enterprises during the pandemic and in the post-quarantine period. The increase of tourism services sales in the cross-border mode of supply due to the active introduction of virtual reality technologies and the development of virtual tourism is forecasted. The transition of construction services to cross-border supply due to active development of modular construction and use of the latest technologies such as 3D printers and artificial intelligence is predicted. However, it is emphasized that it is impossible to completely exclude the physical movement of the supplier or consumer in the provision of certain types of services, even with the advancement of technology. The presented study results can be used as a basis for further research into models of trade in services and development of effective services trade policies during quarantine and post-quarantine period.

scholarly journals Impact of E-Trade:

2019 ◽  
Vol 4 (9) ◽  
pp. 174-176
Author(s):  
Md. Habib Alam
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Control Measures ◽  
Trade Disputes ◽  
Online Dispute Resolution ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Transaction Security

E-commerce may be termed as e-trade. E-Trade means e-goods and e-service. E-trade is a part of International Trade law. E-trade plays a key role in the sustainable development of trade and becomes a part of international trade development. Thus, E-trade leads to the globalization of trade. Today, e-trade is expanding due to the rapid growth of trade across the world. E-trade is executed by linking among different terminals through the transnational electronic transaction. E-trade has different difficulties or barriers for its virtual world. Sustainable e-trade mechanism depends on transaction security and reliable legal framework. Non-privatization of DNS also a key factor for the development of e-trade. Different measures (i.e. transaction security, electronic signature and access control measures) should take into consideration for removing trade barriers from e-trade sector. The question may arise what should parties do with e-trade disputes. This question was answered by different scholars in different ways. Some argue to adopt proper Online Dispute Resolution to deal with e-trade disputes. Today, different adhoc online dispute settlement venues (i.e. e-arbitration) may be found across the world to deal with e-trade disputes. For the development of e-trade, different international laws should take into consideration, i.e. UNCITRAL Model Law on Electronic Commerce, United Nations Convention on International E-Contracts, WTO agreements. This is qualitative and library-based research. This research is to examine as to how future development of e-trade may be executed from an international trade law perspective.

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