Search Result(s)

"How diverse and how creative" (are regional trade agreements) as compared to the GATS (WTO)

The intended audience is trade negotiators This document is useful to show the nitty gritty of why some entities want them, and how RTAs sometimes modify the terms of the GATS between specific countries. These deals IMHO are not creative, BTW. Staff Working Paper ERSD-2012-19 Date: 31 October 2012 World Trade Organization Economic Research and Statistics Division SERVICES RULES IN REGIONAL TRADE AGREEMENTS HOW DIVERSE AND HOW CREATIVE AS COMPARED TO THE GATS MULTILATERAL RULES? by Pierre Latrille and Juneyoung Lee WTO Manuscript date: October 2012

GATS: Increasing LDC participation through negotiated specific commitments (Art. IV:1) (United Nations)

This is about public procurement of both goods and services by governments at the federal, and increasingly, state or local level. One of the goals of the WTO Government Procuerment Agreement, as well as the GATS is allegedly to assist the poorest countries businesses by bending the rules for a limited time in their favor. Normally, in the case of jobs, the *lowest* bidder (who may not necessarily be a firm from the very poorest countries, it may instead be a highly automated firm or one from another low wage country, but not one of the poorest ones.) gets a legal entitlement to perform work. However under some limited circumstances, LDCs' firms (firms based in the very poorest countries) may be able to bid for contracts and win even if their price is a bit higher than the lowest bidders. (this is called a "set aside" in the US, where they had traditionally been used to funnel work to women and minority owned businesses. These kinds of set asides seem to be subsumed by the newer kind in trade agreements.) Note these dispensations like this LDC Services Waiver which gives the poorest countries opportunities to perform work in the wealthier countries, even if they charge a bit more are only available under limited circumstances and only to the (very poorest) "LDC" countries in order to assist in the policy goal of helping their firms enter the world's markets faster. Similar rules apply to allow the poorest countries access to life saving medicines in medical emergencies.

"Asking for Trouble" by Ellen Gould

In April 2006, the Alberta and British Columbia governments signed a far-reaching agreement – the Trade, Investment and Labour Mobility Agreement (TILMA). Advocates of TILMA have underlined its significance, describing the agreement as an “erasing of the provincial boundary for all purposes except voting and the colour of the license plate,” “the single most important economic event to happen in Western Canada in the last hundred years,” and “breaking down all of the economic barriers between the two provinces to create one economy out of the two.”

Canada's CCPA's (progressive NGO) submission on the USMCA (new NAFTA)

CCPA recommendations for a better North American trade model The all-party House of Commons trade committee is consulting Canadians on their priorities for bilateral and trilateral North American trade in light of the current renegotiation of NAFTA. In the CCPA’s submission to this process, Scott Sinclair, Stuart Trew, and Hadrian Mertins-Kirkwood argue for a different kind of trading relationship that is inclusive, transformative, and forward-looking—focused on today’s real challenges, including climate change, the changing nature of work, stagnant welfare gains, and unacceptable levels of inequality in all three North American countries. The CCPA submission largely repeats advice given to Global Affairs Canada during the department’s consultation on the NAFTA renegotiations, but is updated to take into account some of the proposals put forward by Canada and the U.S. during the first three rounds of talks.

The Effects of International Trade Agreements on Canadian Health Measures: Options for Canada with a View to the Upcoming Trade Negotiations (2002)

Richard Ouellet, Laval University (October 2002) -- "It will be noted that while Canada has avoided the potential effects that the international economic agreements could have on health care, it has done so by taking advantage of the structure of agreements based on quite different approaches. • If the Canadian government wishes to continue exempting our public health systems from the effects of these agreements, it will have to acknowledge that doing so by simultaneously using approaches as different as those of the GATS and the NAFTA is not without risks. What is needed is an integrated approach that reflects trade concerns while respecting the health care priorities of governments."

Regional Trade Agreements and Trade in Services

Ortino, Federico, Regional Trade Agreements and Trade in Services. in BILATERAL AND REGIONAL TRADE AGREEMENTS: COMMENTARY, ANALYSIS AND CASE STUDIES, Lester & Mercurio, eds, Cambridge University Press, Forthcoming. Available at SSRN: https://ssrn.com/abstract=995781 .... Quote: "‘measures by Members’ means measures taken by central, regional or local governments and authorities as well as non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. However, GATS only requires Members to take such reasonable measures as may be available to them to secure compliance with GATS rules by sub-central and non-governmental bodies (Article I.3(a)). ‘Measures by Members affecting trade in services’ include measures in respect of (i) the purchase, payment or use of a service; (ii) the access to and use of, in connection with the supply of a service, services which are required by those Members to be offered to the public generally; (iii) the presence, including commercial presence, of persons of a Member for the supply of a service in the territory of another Member (Article XXVIII(c)). This list being indicative, the inquiry centers around the term ‘affecting’. WTO jurisprudence has interpreted broadly the term ‘affecting’. A measure affects trade in service when the measure ‘modifies the conditions of competition in supply of a service.’ In other words, GATS disciplines apply, in principle, to any measure of a Member to the extent it affects the supply of a service, regardless of whether such measure directly governs the supply of a service, or whether it regulates other matters but nevertheless affects indirectly trade in services. Furthermore, in line with GATT/WTO jurisprudence, in order to determine whether a measure ‘affects’ trade in services, there is no need to determine actual effects, rather it is enough to demonstrate a potential effect on trade".