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Interpreting the General Agreement on Trade in Services and the WTO Instruments Relevant to the International Trade of Financial Services: The Lawyer's Perspective

25 N.C. J. Int'l L. & Com. Reg.1 (1999). by J. S. Jarreau, This is a very good essay on the GATS financial services provisions, especially their history and where they sit in the general GATS and WTO millieu. These additions to the GATS are of extreme relevance to anybody hoping to bring about any of the changes which US progressives want, which unfortunately have been locked down by the GATS, without the nation's ever having been informed. So if you are interested in those areas, "single pauer" (a tierless, national universal healthcare system, which is really the only way to gain sustainable universal healthcare within the GATS, - This requires we withdraw/modify relevant commitments via Article XXI) Also, banking, expansion of student loans, and loan forgiveness, free college, etc. Many things conflict with the new constraints GATS created.

Liberalisation of Financial Services - by Stephen Woolcock

"Negotiations on a permanent agreement on financial services in the GATS are scheduled to be completed by mid December 1997. The prospects of success this year are better than in previous attempts in 1993 and 1995, but there is still much to do in a short time and still much work to be done. The current negotiations are shaped by compromises made during the Uruguay Round negotiations in order to get both developing country and US support for the approach adopted in the GATS. These compromises mean that there is no internal, liberalising dynamic in the negotiations. For the negotiations to succeed it is therefore necessary for all the key participants, which in the case of financial services effectively means some 30 WTO Members, to show the political will needed. "

GATS and Financial Services: Redefining Borders

"The First Annex brings financial services into the GATS definition of trade in services. Services conducted by a governmental authority, including central bank functions, statutory schemes for social security and retirement funds, and other government activities are excluded from the definition of services provided that such government does not permit private sector competition in the relevant area.' Members are permitted to retain a "prudential carve-out." That is, measures created for prudential reasons such as the protection of either depositors or financial system integrity are permitted so long as such measures are not designed to defeat the commitments under GATS. As with NAFTA, the prudential carve-out may have important implications: it will be the basis to defend virtually all actions in the financial services sector that are the subject of a dispute."

Talking Disputes | The Argentina - Financial Services Dispute

This video shows how convoluted and technical the GATS is. This is not the kind of logic people want hijacking essential services like health insurance. Once its sold you can't give healthcare away. Its like a noose getting tighter and tighter. These deals are being snuck in under the radar, and a hell of a lot of people have been tricked by these tricks and also have died because of these tricks. And it ISN'T over. The carnage is just beginning.

A look at the "affordable" "health insurance" the global corporate state has in store for the poorer of us.

Surprised? The US health care system is literally on a very "fast track" to total and mandatory crapification, in the form of shedding by the government of all "moral hazard" by the pretext of irreversible services liberalization (total one way, binding privatization and globalization). Weve already been sold down the river - starting decades ago with GATS. Negotiations to pile it higher and deeper - until our hands look just like the sculpture on the beach in Punta Del Este where it all began, back in September 1986, are ongoing. And have been for all that time. This is not a little thing, its a global war on the very idea of a middle class. Far more thefts in the form of more "trade and investment agreements" are ongoing. Its an urgent race by the world's oligarchies to steal as much as possible before people wise up, and in the US, both Fast Track expires, and the November election. We could see announcements within the next couple of weeks. True to form, we and many other countries are being fed an endless pile of bullshit. This ad - from Hindu Business Line was actually more informative than many US ads for similar "crapsurance" -if you read between its lines. Read it.

Department of Consumer and Worker Protection Releases Updated Report: 1.04 Million Households in NYC are Unbanked or Underbanked

NEW YORK, NY – Department of Consumer and Worker Protection (DCWP) today released a research brief illustrating the updated number of unbanked and underbanked households in NYC and where they live. The brief shows that 354,100 households (11.2 percent) have no bank account (unbanked) and another 689,000 households (21.8 percent) have a bank account but use alternative financial products for some banking needs (underbanked). The estimated number of unbanked and underbanked households are disproportionately in neighborhoods that have higher rates of vulnerable residents and residents struggling in other areas of financial health.

The "Prudential Exception" In The GATS After The Case Argentina – Financial Services

Alexandre Marques da Silva Martins - "Experience has shown there has been a need for prudential measures to be imposed on financial services. The global financial crisis of 2007-08 is quite an emblematic example. Therefore, states and financial institutions have united to establish standards as for financial services like the Basel Committee. Only one case about prudential measures in the realm of financial services has been decided thus far at the WTO. In this case, adjudicators heavily utilized the recourse to the ordinary meaning of the main GATS expressions surrounding the prudential measures. This recourse may limit the aid that international norms other than the WTO legislation may provide when resolving issues related to the GATS prudential exception. Still according to the adjudicators, the prudential exception at issue is of evolutionary nature, evolving over time to adapt to particular situations. Besides, there has to be a rational relationship between the measures and their reasons."

International Approach to Liberalisation of Trade in Financial Services - doctoral thesis on Financial Services Regulation

This is a high quality, law book by Professor Bart De Meester. whose writing style is very readable on trade deals regulation of financial services- especially banking, very relevant to the mess we find ourselves in today.. INTERNATIONAL APPROACH TO LIBERALISATION OF TRADE IN BANKING SERVICES see CHAPTER III.2 LIMITATIONS ON THE RIGHT OF WTO MEMBERS TO REGULATE THE BANKING SECTOR

Sanya Reid Smith explains what TISA does in a way people should be able to see blocks Medicare For All

A new Medicare For All (as opposed to one that pre-existed GATS and the WTO) seems to conflict with everything TISA stands for. Note that TISA is also supposed to be merged with GATS in the future. Medicare For All would be a ""new monopoly" (forbidden by GATS) and a "state owned enterprise" that "affects trade in" "financial services" (health insurance for example) Altering the conditions of competition, and it also would potentially be trade distorting. It also would not be "no more burdensome than necessary" (to ensure the quality of the service) as the WTO GATS requires. The scope of those affected would likely also be seen as far too large for any government measure. As long as we are in these deals it would likely have to be the least possible.

Analysis of TISA's Annex on Financial Services

By Jane Kelsey - This is an excellent analysis of the aims of this far reaching and anti-democratic "agreement" that *nobody* would agree with. It is nothing less than a global coup that lowers global standards to a least common denominator, shredding professional standards, accountability and expectations of fairness in financial services, and lowering wages and working conditions. Note: Don't confuse this Annex with GATS' Annex on Financial Services.

The Interaction between European and International Liberalisation of International Trade in Banking Services

by Bart De Meester - This is a doctoral thesis, a quite substantial tome, written like a textbook, on banking and the WTO, its particularly useful it seems because the areas I am interested in have gotten examination in the European context - here in the US where the GATS is not well known to put it mildly, perhaps not so much, at least I have not found much. Plus I cant afford to go out buying books on the subject, as they are expensive, really expensive. Anyway, this looks very informative and its quite understandable as these kinds of books go. I'm sure Mr. De Meester will do very well. Thank you!

“That’s All They’ve Got?” (PCGTW 2010) "What Latest WTO Secretariat Paper on Financial Crisis Does and Does Not Say About GATS Disciplines on Financial Regulation"

March 15, 2010 by Todd Tucker and Public Citizen Global Trade Watch: "On February 3, the WTO issued a document that many in Geneva call the “non-response” to over a year of growing questions from WTO member countries and others about the connection between the rules of the General Agreement on Trade in Services (GATS) on financial services and the global economic crisis. 1 Indeed, this was the Secretariat’s first major study 2 in nearly 12 years about the WTO’s financial service rules. 3 The new paper is a disappointment to anyone hoping for a convincing rebuttal to charges that the WTO’s General Agreement on Trade in Services (GATS) promotes financial services deregulation...

Whistleblowing in a Foreign Key: The Consistency of Ethics Regulation Under Sarbanes-Oxley with the WTO Gats Provisions

By Stewart M. Young - United States Attorney's Office - District of Utah Abstract This Article discusses the consistency of the legal regime established by the Sarbanes-Oxley Act, and the ethical regulations proposed by the SEC, in relation to the legal services portion of the World Trade Organization's (WTO) General Agreement on Trades in Services (GATS). It discusses the GATS and its effect on the legal services market in general. It then examines how the ethics commitments in the United States Schedule of Commitments to GATS are treated. It examines the new ethical responsibility requirements imposed by the Sarbanes-Oxley Act and the subsequent proposals by the SEC. It concludes by demonstrating that the ethical requirements imposed by the Sarbanes-Oxley Act and the SEC are not consistent with the United States' obligations under GATS regarding legal services. This Article also discusses possible approaches to reconciling the proposed rules with GATS and action that might be taken by WTO member countries, including under the dispute resolution provisions of the WTO agreements. The ultimate conclusion of this Article is that the SEC-proposed standards as applied to nondomestic law firms are potentially irreconcilable with GATS, and likely to create friction between the United States and a number of our trading partners. The most important purpose of this Article is to analyze the inconsistency of the Sarbanes-Oxley Act and the proposed SEC rules with GATS. Second, this Article can be read as a case study for the domestic imposition of ethical standards on the trade in services and legal services field in general. Third, this Article will potentially add fuel to the fire for implementing international ethical standards in certain global service industries, including the legal services field in particular. Keywords: Sarbanes-Oxley, SEC, World Trade Organization, WTO, General Agreement on Trade in Services, GATS, ethics regulation


(A student paper that is mostly about states rights and their potential conflict with GATS. However its quite useful because the author seems to have collected references from many other essays and papers in one place, and formatted them for legal citation. Won an ABA award.) by Ethan Marks in Tort Trial & Insurance Practice Law Journal Vol. 50, No. 1 (FALL 2014), pp. 129-154 Published by: American Bar Association "This paper placed first in the 2014 law student writing competition of the Tort Trial & Insurance Practice Section" (RIP Nicholas Skala)

Can’t Pay Back, Won’t Pay Back: Iceland’s Loud No

Silla Sigurgeirsdóttir and Robert H Wade – Le Monde Diplomatique The people of Iceland have now twice voted not to repay international debts incurred by banks, and bankers, for which the whole island is being held responsible. With the present turmoil in European capitals, could this be the way forward for other economies? The small island of Iceland has lessons for the world. It held a referendum in April to decide, more or less, whether ordinary people should pay for the folly of the bankers (and by extension, could governments control the corporate sector if they depended on it for finance). Sixty per cent of the population rejected an agreement negotiated between Iceland, the Netherlands and the UK to pay back the British and Dutch governments for the money they spent to recompense savers with the failed bank Icesave. That was less resistance than the first referendum last spring, when 93% voted no.

Causes of the Debt Crisis - Global Issues

"Third world debt has long been recognized as a major obstacle to human development. Many other problems have arisen because of the enormous debt that third world countries owe to rich countries. Debt has impeded sustainable human development, security and political or economic stability. How has this happened?" (Note: it seems this odious and illegitimate "Third World Debt" is cited as one of the reasons for the GATS (???) by the UN in document A/RES/44/232 )

GATS Annex on Financial Services

This document potentially endangers the US's Social Security, Medicare and other safety net programs if they are partially privatized and compete with commercial entities. It is part of the GATS and its explained well by Patricia Arnold in her essay on GATS and Financial Regulation (Public Citizen). It contains a slightly different definition of 'services supplied as an exercise of governmental authority' than GATS Article 1:3 does, which applies in certain situations. To understand it you should also read Nicholas Skala's 2009 paper in the International Journal of Health Services and the Understanding on Commitments in Financial Services. You can also find a bit more material online if you search on the phrase "Fu Lung" or "Fu Lung Group" in the context of financial services+WTO or the Uruguay Round. It seems an effort is made to make information on FTAS difficult to find for outsiders.

WTO - legal texts - Understanding on Commitments in Financial Services

"As of 2009, the 33 countries whose current schedules reference the Understanding include: Australia, Austria, Bulgaria, Canada, Czech Republic, Finland, Hungary, Iceland, Japan, Liechtenstein, New Zealand, Norway, Slovak Republic, Sweden, Switzerland, and the United States, as well as the European Communities members as of 1994 (Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain and the United Kingdom.) The only developing nations that utilized the Understanding were Aruba, Netherland Antilles, Nigeria, Sri Lanka (for banking not insurance), and Turkey. Additionally, eight countries (Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Romania, and Slovenia) were in the process of revising their commitments to match the EC schedule" (from the commentary by Jane Kelsey on TISA Financial Services text) -- This document regulates government regulation of financial services like banking and insurance, including health insurance, greatly limiting what we can do. In particular it is thought to freeze new financial services regulations after its signing date, unless they were enumerated then. In the case of the US that date is February 26, 1998. If challenged in a WTO dispute proceeding a country that has violated a "standstill" may have to roll back its regulatory state to the level of regulation in effect on that date. A related concept, "ratchet" is also said to apply in WTO law - it denotes a one way capture of all deregulation in a committed sector making it a violation to re-regulate. See the definitions of "standstill", "rollback" and "ratchet" in trade parlance.

Lori Wallach discusses 'standstill' in this short video on Democracy Now

Note: THIS ALSO APPLIES TO TODAY'S US HEALTH INSURANCE, because it is a financial service, and IMPORTANT- people will always try to confuse you saying (GATS or) TISA does not apply to "public services" HA! Let me clue you in, that's an old GATS trick. THAT TERM DOES NOT APPLY TO ANY US PUBLIC SERVICE I CAN THINK OF, and the only UNDER ANY GATS DEFINITION, SO NOT EXEMPT. It doesn't even apply to the UK's NHS, although their government claims it does. It should apply to Canada. Because they don't sell any health insurance that competes with their Medicare, and it also predated the WTO's creation. Just them. See our info on "government authority exclusion" - Sorry! - The Trade in Services Agreement extends the WTO GATS agreement and does so in a way that attempts to legitimize it retrospectively, it seems. IMPORTANT!- It even uses the (1990s) dates from the GATS agreement. Could it really act as a standstill effective in the 1990s exposing later attempts at regulation to challenge and roll back? It seems as if that is what is happening. (speculation on my part) Why?