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Ongoing negotiations on countries domestic regulations under the GATS Article 1:4 mandate.

The GATS already contains disciplines on barriers to trade in services in the form of restrictions on https://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#art16">market access (Article XVI) and on https://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#art17 national treatment</a> (Article XVII). Market access restrictions encompass quantitative restrictions such as limitations on the number of services suppliers, total value of services transactions or assets, total number of services operations, the total quantity of services output, the total number of persons that may be employed, as well as measures restricting or requiring specific types of legal entity or joint venture, and foreign equity limitations. <p> The obligation of national treatment prohibits the discriminatory treatment of foreign services and services suppliers when compared to domestic services and services suppliers. In drafting the GATS, negotiators recognized that non-quantitative, non-discriminatory measures relating to licensing and qualification requirements and procedures, and technical standards could also adversely affect trade in services. For example, excessively lengthy, complex and opaque licensing procedures may discourage foreign services providers from doing business in the market of another WTO member. By the same token, lack of objective and transparent criteria, on the basis of which authorities would grant a qualification, may disguise protectionist intentions. Article VI:4 is not intended to start a deregulatory process, but rather to lead to better regulation that has the potential to address and prevent undesirable regulatory practices. In more general terms, WTO negotiations on domestic regulation disciplines seek to boost good regulatory practices and to enhance regulatory quality, with a view to boosting economic growth and development. </p> Evolution of the negotiations Between 1995 and 1998, WTO members negotiated in the Working Party on Professional Services the <a href="http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/s/l/63.doc" target="_blank">Disciplines on Domestic Regulation in the Accountancy Sector</a> (<u>S/L/64</u>) and adopted the Guidelines for Mutual Recognition Agreements or Arrangements in the Accountancy Sector (S/L/38). The Accountancy Disciplines were intended to be integrated into the GATS at the end of the Doha Round of trade negotiations (S/L/63). Therefore, they have not yet entered into force. Subsequently, a <a href="https://www.wto.org/english/tratop_e/serv_e/s_coun_e.htm#domestic">Working Party on Domestic Regulation</a> was established in 1999 for the continuation of the negotiations, replacing the earlier Working Party on Professional Services. The mandate of the Working Party is to develop generally applicable disciplines and to develop disciplines as appropriate for individual sectors.</p> <p> WTO members have focused on negotiating general disciplines on domestic regulation applicable to any services sectors within the scope of the GATS. Members felt that work on general disciplines would be more efficient than negotiating specific disciplines for each sector. </p> <p> In December 2005, the WTO Hong Kong Ministerial Declaration called on members to intensify negotiations and to develop a text for adoption before the end of the Doha Round.&nbsp; </p> <p> In the Working Party on Domestic Regulation, more than 60 WTO members have submitted drafting proposals. These were consolidated into a number of texts issued by the chair of the working party. &nbsp;The most recent was contained in a 2011 <a href="http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/s/wpdr/w45.doc" target="_blank" title="MS word format; opens in a new window">Progress Report</a> reflecting progress in the negotiations up to 2011 and containing possible options for disciplines on domestic regulation.&nbsp;</p> <p>Following a slowdown in negotiations between 2012 and 2015, activities were revived in 2016, with a number of text proposals submitted by members in the hope of securing an outcome by the 11th Ministerial Conference (MC11) in Buenos Aires in December 2017. However, no outcome was achieved at MC11. </p> The Working Party on Domestic Regulation met most recently in March 2019 to discuss a revised proposal for disciplines on domestic regulation.</p>

How the United States Exports Managed Care To Third World Countries.

As their expansion slows in the United States, managed care organizations will continue to enter new markets abroad. Investors view the opening of managed care in Latin America as a lucrative business opportunity. As public-sector services and social security funds are cut …

Legal Commentary on Article XIX GATS: Progressive Liberalization (GATS' noose?)

Panos Delimatsis Tilburg Law and Economics Center (TILEC); Tilburg Law School - Date Written: 2008 This is written in the format used in law books and its examining the chapters of the GATS which define it's one-way, noose-like "progressive liberalization" of services, making it so deregulation in services committed to in the GATS cant be re-regulated. The US media is suppressing this important fact. (and indeed the entire existence of the GATS) MAX PLANCK COMMENTARIES ON WORLD TRADE LAW, WTO - TRADE IN SERVICES,

No TTIP through the back door. Health, environment and climate are not negotiable

TTIP negotiations have been continuing under the radar, completely uncovered in the US media. Recently, More than 100 EU Civil society organisations (Plus the US's IATP) demand a stop to trade talks that will further endanger EU rules on health and the environment and aggravate the climate crisis. A change of course is needed. (Seattle2Brussels Network)

Mode 4 trade in services: promoting temporary labour mobility via the trade détour?

By Werner Raza, A comprehensive process of the liberalisation of trade and capital flows notwithstanding, neoliberal globalisation has not been equally successful in freeing the international movement of labour. With the General Agreement on Trade in Services, (GATS), the WTO set up a novel legal framework within the domain of trade politics that includes the cross-border movement of natural persons to deliver services, labelled Mode 4, thus aiming at the promotion of temporary labour mobility. This article seeks to explain the emergence of Mode 4 and its subsequent development as the outcome of a particular politics of scale motivated by the interests of transnational capital as well as the strategic selectivity of specific institutional terrains. The result has been a compromise that restricts Mode 4 liberalisation to highly qualified personnel only. Keywords: political economy, international trade, labour mobility, Mode 4, EU trade policy, services

Politics of scale and strategic selectivity in the liberalisation of public services – the role of trade in services

By Werner Raza. One of the most contentious issues of the neoliberal agenda has been the privatisation of public services. The WTO GATS negotiations over the liberalisation of trade in services, which commenced in the year 2000, led to a strongly contested debate over whether the international level would provide an additional channel for the privatisation of public services. In particular, the position of the European Union was criticised for promoting this agenda. More recently, this question has regained its significance with the start of negotiations for the Trade in Services Agreement and the Transatlantic Trade and Investment Partnership. Thus, this article seeks to analyse the politics of scale in the field of trade in services and its specific impact upon the liberalisation of public services. By applying a Neo-Poulantzian IPE approach, we propose a typology of (i) scalar forms in trade policy and (ii) of particular liberalisation strategies. Our results suggest that the multilateral level is but one element in a strategic politics of scale, with the former primarily fulfilling the role of locking-in liberalisation gains achieved at other levels, while other scalar forms, in particular bi- and plurilateralism, are primarily used to progressively advance the liberalisation agenda. KEYWORDS: Public services, liberalisation, trade in services, politics of scale, Poulantzas

"Biden Cuts Social Security" (The Intercept) Actually, its the GATS agreement we signed more than two decades ago, and the TISA that they probably will revive soon that do it. Medicare is likely to get the same treatment too. See elsewhere on this site.

The Intercept (the destination of the link) doesn't mention this but GATS (and TISA, which is likely to be revived) makes all deregulation in committed services (like financial services) permanent (Yes, both are considered to be in competition with the banking and insurance industries - financial services) Making cuts so costly and difficult to reverse they will become permanent. This has been planned for a long time as shown by the trade literature. here is lots on this site. Voters should refuse to swallow this rigged Kool Aid. Oh, but everything that happens in the WTO is not subject to voting.

Global and European Constraints Upon National Right to Regulate: The Services Sector

This volume brings together research aimed at shedding light on a general problem, by focusing specifically on the services sector. In the WTO system, the services sector is regulated by the General Agreement on Trade in Services (GATS); in the European system, it is regulated by a broad and complex body of rules, combining judge-made principles with those embodied in the secondary legislation, which codifies and applies these principles to different regulated sectors. The general problem at the core of this study stems from the difficulty in striking a balance between two important needs. One the one hand, there is the need to recognise national authorities' right to autonomously regulate and govern in their own territory. On the other hand, there is the need to limit this power of autonomous regulation, mainly to protect the right of foreign economic operators to access the national market and function in conditions of equality with respect to all other operators. This problem is addressed from the particular perspective of administrative law. The premise underlying the various contributions is that supranational (global and European) law constrains domestic regulation (and domestic administrations) largely through techniques and procedures drawn from administrative law. Sovereignty-limiting procedures developed by national legal systems in order to protect citizens have been readapted by supranational public powers to protect the rights of foreign economic operators and to realise the goal of market integration. This administrative law perspective also gives shape to the structure of this volume, which is divided into three thematic areas. Each area corresponds to a category of constraints imposed by supranational administrative law upon States' right to regulate. Keywords: wto, european union, administrative law, services

GATS: Public Services under Pressure to Liberalize:

Global Issue – Paper 1 GATS: Public Services under Pressure to Liberalize Published on occasion of the WTO-Conference in Cancún 2003- The GATS-negotiations in the WTO – A challenge for international civil society by Thomas Fritz & Peter Fuchs

Urgent-non-partisan Medicare and Social-Security traps for the unwary -proof below

NOTE: WORK IN PROGRESS, please forgive the state of this document, its still being edited and has redundant information! BUT its important, and verifiable fact. URGENT: Both US Presidential candidates have plans to make changes to our current Medicare and Social Security systems that WILL DESTROY THEM . Also commitments we made in the 1990s have put many tens of millions of our best and future jobs in jeopardy. And most deregulatory changes by either party lock in and cant be repealed. Many changes lock in. A little known trade agreement "GATS" literally dooms them unless we leave it immediately.

"The Future is Public: Towards Democratic Ownership of Public Services" (book)

Cities are fighting back against privatization globally, by remunicipalization (or remunicipalisation) bringing public services back under local control, in defiance of trade agreements that attempt to privatize them. This is a free resource on this important subject. This is hard to find info about in the US because it counters the idea that privatization/outsourcing, etc. is some irreversible force of nature.

An entire nation's minds are a horrible thing to waste.

The Global Value Chains ideology of neoliberalism, via GATS, TISA promotes changes which will destroy public higher and its likely eventually even public primary education, its logic is, "If the young people in a country are too expensive to hire, why educate them" saving (oligarchy) greatly on taxes. What is wrong with this picture?

Farmers outraged water from drought-stricken regions "sold to China"

Conflict over water mining illustrates how FTAs are literally a global "Second Enclosure" of everything, giving global extractive industries rights to sell what they mine which would seem to conflict with what is basically common sense and expected behaviors by governments in the last century. (Both in the case of services, or goods, arguably the biggest shift occurred on January 1, 1995, the date the WTO came into force.) The problem is the rules have been changed and we, the people, are invariably the last to know. Goods and services of all kinds became tradable and once exported, even just a little bit, the entire shift is locked in (the ratchet, its called) and from that point onward all "measures" (basically any and every law and policy or lack of activity by governments at all levels, and quasi-governmental bodies) which impacts the "supply" of it in the commodity sense, for example, by reducing its value by restricting the sale (for example, the NHS reduces the value of health insurance even if few can afford it, it will have to be phased out in favor of market based services people can buy, if they are healthy enough, and dont have any genetic issues) A shift occurs such that providing it, (or that of "like" services, see the EC-Bananas case) are under the jurisdiction of international treaties, like the WTO's, and others, and all laws must conform to them at least by being minimally trade restrictive. Once it begins, all laws that conflict with international trade are subsumed to the rules of the trade body, like the WTO. So even if people are dying of thirst due to water being exported, or freezing to death of cold because the fuel has been exported, international trade export takes precedence. Similar to the Irish Potato Famine when lots of food was exported from Ireland (which was part of the UK, the richest country in the world at that time). People who got in the way were also exported, (transported) we may recall. To Australia which was a British colony.