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Citing the WTO/GATT (including GATS and other) Agreements (NYU Law)

Outline: Selected books, databases & websites Books, Ebooks, Working papers, etc. Law reviews, journals, articles News, blogs & paper/note topics The trade agreements Drafting & negotiating history WTO structure, members, meetings Schedules, tariffs & non-tariff measures Documents & publications The U.S. & the WTO U.S. regulations & tariff schedules WTO dispute settlement Trade Policy Reviews Statistics & terminology Other research guides https://nyulaw.libguides.com/c.php?g=773835&p=5551621

The economics of populism by Dani Rodrik

(Video, quite good) "When it comes to free trade, democracy, and national sovereignty, you have to pick two and abandon one, so Dani Rodrik emphasizes. Herein lies the trilemma, which is related to a particular kind of globalization that we have been striving for since the 1980s, and which Rodrik calls hyperglobalization. It is an attempt to get rid of all the transactional costs associated with the national borders. This conception of globalization – which has been taken to its most extreme form in the Eurozone – runs into severe problems in practice, he argues. The trilemma manifests itself in all globalized sectors, such as trade, finance, and migration."

governmental authority exclusion

These are articles on the all important exclusion that defines what member government activities can be called "public services" and be excluded from the onerous GATS rules.

European University Association Statement on TTIP and TISA

"In the light of information currently available (published and leaked documents, official briefings, statements by governments and the European Commission) on the ongoing trade agreement negotiations, EUA notes that: 1. Negotiators regularly offer reassurances that public services will be protected. However, the GATS definition of a ‘public’ service is not adequate for purpose where higher education is concerned. HE is not administered by the exercise of government authority in the manner of defence, justice and police; it is not automatically excluded from trade negotiations. Moreover, HE fails to satisfy the GATS criteria which allow exemption for services supplied ‘neither on a commercial basis nor in competition with one or more service suppliers’. Many HE systems include both public and private providers and many public institutions depend on a mix of public and private funding. Such hybridity at system and institutional levels means that trade negotiations such as TTIP and TiSA cannot be conducted with legal certainty and clarity." (this was the very first bullet item on a long list) "The European University Association (EUA) represents over 850 universities in 47 countries, as well as 33 national rectors’ conferences. It is the voice of universities in the European Higher Education Area"

WTO/GATS and the Global Politics of Higher Education

By Antoni Verger - This is one of the best full sized books I have read on the GATS and its implications for education. If you are an educator or are concerned about the global push for privatization of education under the GATS and the various debates informing it, this book is really quite informative.. See also https://www.google.com/search?hl=en&as_q=&as_epq=WTO%2FGATS+and+the+Global+Politics+of+Higher+Education

GATS, Migration, and Labor Standards

(Search domain www.ilo.org/wcmsp5/groups/public/---dgreports/---inst/documents/publication/wcms_193612.pdf Mode 4]," Abdel-Hamid Mamdouh, director of trade in services at the World Trade Organization said "Ah, yes - it could be hundreds [of millions] if we liberalize." John Zarocostas, Migration helps export services, Washington Times, January 3, 2005, p. A10.

Trade in Higher Education Services: The Implications of GATS - Dr. Jane Knight (UNESCO)

"Trade in higher education services is a billion dollar industry, including recruitment of international students, establishment of university campuses abroad, franchised provision and online learning. The General Agreement on Trade in Services (GATS) is currently being negotiated under the auspices of the World Trade Organisation (WTO). GATS is designed to increase trade liberalisation internationally, and includes ‘education’ as a service sector. Examples of perceived ‘barriers’ in the trade in higher education services might include visa restrictions, taxation that disadvantages foreign institutions and accreditation arrangements that privilege domestic institutions and qualifications. Some view GATS as a positive force, accelerating the influx of private and foreign providers of higher education into countries where domestic capacity is inadequate. Other take a more negative view, concerned that liberalisation may compromise important elements of quality assurance and permit private and foreign providers to monopolise the best students and most lucrative programmes. Many aspects of GATS are open to interpretation, and many nations have yet to fully engage in the process, at least in respect of the potential implications for education. In this report, Dr Jane Knight of the University of Toronto, an expert in the internationalisation of higher education, sets out a clear overview of the GATS agenda, and considers a wide range of issues that may affect developing and developed countries".

TISA - backdoor services liberalisation on a global level!

The Trade in Services Agreement (TISA) currently under negotiation on the side-line of the World Trade Organization (WTO) poses significant deregulatory threats for the majority of services sectors. International trade in services is dealt with by the General Agreement on Trade in Services (GATS) and its annexes. Each WTO country so far autonomously decides which sectors are to be opened up to cross-border competition. Services sectors liberalisation is carried out once governments gave their explicit agreement to do so (positive lists). TISA intends to reverse this logic and implement a negative listing of liberalisation commitments. Only explicitly targeted sectors in the agreement would not be subject to further liberalisation. This poses significant risks of liberalising all services sectors of the economy unless explicitly exempted from the agreement. TISA would contain “Standstill” and “Ratchet” clauses. Standstill clauses effectively freeze the degrees of regulation in particular sectors and countries are no longer free to implement more strident regulatory provisions. A recently leaked text showed that the financial services industry, through TISA, intends to freeze international financial regulatory efforts by setting a minimum regulatory floor which could not be subsequently superseded by any government wishing so. Ratchet clauses effectively impede government to reverse achieved liberalisation floors. Once a sector is liberalised, there cannot be a turning back. These clauses mean that governments will no longer be able to challenge decisions and choices made by previous governments. The combination of the ratchet and standstill clauses renders the reversal of liberalisation levels impossible. Additionally, TISA could prescribe necessity tests for regulatory measures. Governments would have to prove the necessity of a regulatory instrument before implementing it. For example, in a discussion of universal coverage, a Government would have to prove the necessity of re-regulating already privatised services such as postal services.

The GATS’ Article I, paragraph 3.... (and libraries)

What is Article 1:3? Article 1, Paragraph 3 of the GATS defines the scope of the agreement as follows: (b) “services” includes any service in any sector except services supplied in the exercise of governmental authority; (c) “a service supplied in the exercise of governmental authority” means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers. What it really means...Clause (c) above constitutes the potential danger to libraries and the public sector. It appears to mean that “if a service is provided on a non-commercial basis but in competition with other suppliers or on a commercial basis but without competition, it is not a service supplied in exercise of governmental authority.” (1) (and so has to be privatized - it canot be allowed to exist as is, under GATS rules)

How the World Trade Organization’s new “services” negotiations threaten democracy

Scott Sinclair: Canadian Centre for Policy Alternatives. The GATS is extraordinarily broad, dealing with every service imaginable. It applies to measures of all governments, whether federal, First Nation, provincial, state, regional or municipal. It employs both “top-down” and “bottom-up” approaches to covering measures and sectors. The agreement is not confined to cross-border trade, but intrudes into many domestic policy areas including environment, culture, natural resources, health care, education and social services.

How ‘free trade’ & investment treaties attack public services & why we have to fight them

by Prof. Jane Kelsey 1980s neoliberal greed took over the world • Structural adjustment – SAPs - at home • Global rules to push it further and faster, then lock it in New version of colonisation affected all countries, North and SouthTNCs targetted services as new source of mega-profits For public sector workers this means ongoing ... Job losses Insecure employment Deunionisation and labour market ‘flexibility’ Loss of protections & entitlements Added costs, but lower incomes Migration for remittances

Facing Facts

Both proponents and critics agree that the scope of the GATS is very broad. Its extraordinary breadth derives from the incredible diversity of services, the architecture of the agreement, and the expansive way the GATS defines key terms. The subject matter of the GATS—services—is almost unimaginably broad. Services range from birth (midwifery) to death (burial); the trivial (shoe-shining) to the critical (heart surgery); the personal (haircutting) to the social (primary education); low-tech (household help) to high-tech (satellite communications); and from our wants (retail sales of toys) to our needs (water distribution). The GATS applies to all measures affecting “trade in services,” broadly defined. It covers measures taken by all levels of government, including central, regional, and local governments. It also applies to professional associations, standards-setting bodies, and boards of hospitals, schools and universities, where these bodies exercise authority conferred upon them by any level of government. In other words, no government action, whatever its purpose - protecting the environment, safeguarding consumers, enforcing labour standards, promoting fair competition, ensuring universal service or any other end—is, in principle, beyond GATS scrutiny and potential challenge. --- As a former director general of the WTO has correctly noted, the GATS extends “into areas never before recognized as trade policy.” Not limited to cross-border trade, it extends to every possible means of providing a service internationally, including investment. While this broad application does not mean all services-related measures violate the treaty, it does mean that any regulatory or legislative initiative in any WTO-member country must now be vetted for GATS consistency or risk possible challenge. The treaty covers “any service in any sector” with only limited exceptions; no service sector is excluded a priori. This all-inclusive framework binds member governments to certain GATS rules that already apply across all sectors—even those where no specific commitments have been made. It also means that all service sectors are on the table in ongoing, continuous negotiations."

Video: GATS- What is it?

Concise, very fast video cram course on GATS by an expert in it. Don't blink or you might miss something important.

TISA - The Really Good Friends of Transnational Corporations Agreement by Ellen Gould

Highly secretive talks began in 2012 to establish a new trade agreement, the Trade in Services Agreement (TISA). The group of countries 1 negotiating TISA have given themselves an insider joke for a name, the 'Really Good Friends of Services' 2 , to signal how truly committed they are to promoting the interests of services corporations. But there is nothing funny about the sweeping, permanent restrictions on public services and regulation that could be the impact of their work.

Public Services and the GATS - International Centre for Trade and Sustainable Development

Rashad Cassim & Ian Steuart, School of Economic and Business Sciences, University of the Witwatersrand, Johannesburg - (3rd Draft) "The strength of a society depends unequivocally upon a foundation that ensures the provision of a range of quality public services to all who need them, regardless of their ability to pay for them. It is perhaps perplexing then that the provision of public services, even those thought of as essential or basic services, is increasingly in the hands of private companies, leading inexorably to their commercialisation, threatening their reach to those that need them most, and potentially eroding the sustainability of their provision from both a social and environmental perspective. This subchapter aims to achieve the following: to provide an overview of the role and relevance of public services, and to examine the link between the provision of public services and the General Agreement on Trade in Services (GATS); the primary vehicle of the liberalisation of services within a multilateral, rules-based system of international trade and therefore an area of specific concern. Consequently, with respect to the first aim, this subchapter will examine the evolution of “public services” and why it remains important to retain an element of government intervention in their provision. With respect to the second, the chapter will focus on the scope of the GATS and the tensions inherent in the interpretation of Article 1:3 of the GATS, which deals with the “public services” carve-out from the agreement. This subchapter is divided into 5 sections. After this Introduction, Section 2 will examine what is meant by “public services”, including the usefulness of the more restrictive conception of “essential” or “basic” services. Section 3 focuses on the role of public services in addressing sustainable development concerns, particularly the relationship between public services and their privatisation. Section 4 is devoted to the relationship between public services and the GATS. Much has been written on public services and the liberalisation of trade and this section aims at synthesis of arguments on both sides of the divide, which have become increasingly more vocal and passionate as the services negotiations in the WTO proceed as part of the Doha Development Round. Section 5 concludes."

The General Agreement On Trade In Services: Implications For Health Policymakers (Health Affairs)

The General Agreement on Trade in Services (GATS), created under the auspices of the World Trade Organization, aims to regulate measures affecting international trade in services—including health services such as health insurance, hospital services, telemedicine, and acquisition of medical treatment abroad. The agreement has been the subject of great controversy, for it may affect the freedom with which countries can change the shape of their domestic health care systems. We explain the rationale behind the agreement and discuss its scope. We also address the major controversies surrounding the GATS and their implications for the U.S. health care system

The Scope of GATS and of Its Obligations by Bregt Natens, Jan Wouters

Bregt Natens, Jan Wouters - KU Leuven - Leuven Centre for Global Governance Studies Date Written: August 1, 2013 Abstract The GATS preamble already highlights the inevitable conflict between on the one hand achieving progressively higher levels of liberalization of trade in services in order to expand trade in services and promote growth, and on the other hand the right to introduce new regulation to meet national policy objectives. Hence, it was clear from the outset that the balance between trade liberalisation and domestic regulatory autonomy would be key in interpreting the constructively ambiguous GATS. The outcome of this exercise depends on three factors: the interpretation of (i) GATS’ overarching objectives, (ii) of the general scope of GATS and of the obligations arising from it (and the exceptions to them) and (iii) of the inherent individual flexibility of GATS. Whilst also touching on the first, this contribution mainly focuses on the second factor by addressing the scope of GATS, of its unconditional obligations, of obligations applying to sectors for which specific commitments have been scheduled and of obligations in GATS Annexes. Additionally, it provides an overview of the structure of GATS obligations. The third factor is mainly addressed throughout textboxes which provide an illustrative insight into how the European Union has used the inherent GATS flexibility to shape its obligations. Keywords: WTO, World Trade Organization, GATS, General Agreement on Trade in Services, services, scope, obligations, governmental authority exception

Interpretation of Article I, Section 3 (b) and (c) of GATS - PublicServicesScope

This article by Markus Krajewski discusses GATS' important "governmental authority exception" which defines the scope of GATS jurisdiction. (and what can be seen as a "public service" under GATS, the definition is very narrow- everything else is subject to all sorts of rules which privatize them and bar government subsidization except if its 'minimally trade restrictive') - by Markus Krajewski

Ellen Gould discusses GATS on Talking Stick TV.

Video - Ellen Gould is a trade expert whose insight here is quite accurate. See what she tells us here about domestic regulations, technical standrds, licensing, medical standards, everything. Lots of info on what they want to do with healthcare. The WTO could sanction us if we wanted our doctors to meet higher standards than those in the developing countries. (around 25:00) The WTO also wants us to allow for profit offshoring of poor patients. Which would be subject to the same problems as the for profit system does now, except likely worse, with less accountability.

GATS and Financial Services Deregulation by Patricia Arnold

Medicare, Social Security and other governmentally subsidized financial services are put in grave danger by the GATS - This paper by a noted professor in accounting who has written a great deal of highly readable material on the WTO and its interaction with financial regulation is a short and concise intro to many of the major issues, particularly the threats GATS poses to Social Security and Medicare if those areas are allowed to compete with commercial banks or insurers. Caution is needed because millions could see huge changes in their only retirement benefits just as they were needed the most if Social Security and/or Medicare lose their protection from GATS rules, which is likely if current proposals are implemented,- see the Annex on Financial Services.

GATS and Public Service Systems

This is a must-read article as its by far the most concise and understandable explanation of the "governmental authority exception" an all important "two-pronged test" or definition, that defines the scope of what is allowed to be a public service and what is not, in the GATS agreement. In other words, what is subject to privatization rules, and what isn't. This definition is also borrowed or imported, in the computer programming sense, "as is" into hundreds of other trade agreements all around the globe. So this essay is extremely useful in understanding which healthcare or higher education proposals could work (and which ones would be subjected to a death of a thousand cuts, and couldn't) for example. The essay was originally written and published by the government of British Columbia province in Canada.

Trading Health Care Away? GATS, Public Services and Privatisation

"But talks have since begun to change one of the 28 agreements overseen by the WTO -- the General Agreement on Trade in Services or GATS. The US, EU, Japan and Canada are trying to revise GATS so that it could be used to overturn almost any legislation governing services from national to local level. And non-government organisations (NGOs) and trade unions are demanding that services in the public interest be clearly exempt from GATS. It details how public services may not in fact be excluded from GATS and explores the implications for public health care."

Public Citizen: Medicare and Social Security - SOS: Save our Services from the WTO

Bottom Line: If the Bush administration succeeds in even partially privatizing Social Security, under the WTO GATS agreement foreign corporations could end up with treaty rights to raid our tax dollars for profit and Americans could face shredded retirement and Medicare safety nets. For now, Social Security is probably safe from the GATS because the agreement exempts services that are exclusively a government monopoly and are not also offered on a commercial basis. But if Social Security is even partially privatized — as the Bush administration is advocating — and folks begin to invest some of their federal retirement funds in the stock market, then GATS would require some things that the privatizers don’t want to talk about. The agreements would: * permit foreign and offshore firms to compete for private Social Security accounts, thus preventing the most stringent regulation of these accounts and increasing the risks to retirees; * make it harder to fix Social Security after the privatization experiment predictably fails, because GATS requires that nations first compensate all of their trading partners for lost future economic opportunity if they “take back” the service from the private sector and make it public again. * Failure to compensate would result in punitive trade sanctions, which is why some say GATS makes privatization a one-way street.