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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

A Just World Under Law: A View From the South by BS Chimni

This is an important work - very much worth reading. Here are two quotes from it.: "Transnational capital sees a borderless world economy as its field of operation leading to the globalization of national production and financial systems. Its third world component plays the role of a junior partner with the crucial task of legitimizing the vision of global capital in its own world. There is also support for this vision in a growing global middle class that hopes to benefit from the ongoing globalization process." ... then he goes on to discuss a number of core concepts which need discussion - "The unified global economic space is being established through a range of international law instruments that include international trade law as embodied in World Trade Organization ("WTO") texts and international monetary law as prescribed by international financial institutions. The key development here is the prescription of minimum uniform global standards. That is to say, irrespective of the sovereign territory on which transnational capital operates it is increasingly governed by the same set of norms or norms that possess family resemblance. For example, every WTO member state has to abide by the norms governing intellectual property rights as embodied in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"). Some states merely get a longer transition period in which to implement them. The examples can easily be multiplied. The emergence of a unified global economic space may also be conceptualized in terms of the growing internationalization of property rights through the medium of international law. Indeed, the phenomenon of internationalization of property rights is crucial to the creation of a unified global economic space. "