Universal Service In Wto And Eu Law
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| Author | : Olga Batura |
| Publisher | : Springer |
| Total Pages | : 309 |
| Release | : 2015-10-07 |
| Genre | : Law |
| ISBN | : 9462650810 |
This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.
| Author | : Luigi F. Pedreschi |
| Publisher | : Springer Nature |
| Total Pages | : 291 |
| Release | : 2020-05-30 |
| Genre | : Law |
| ISBN | : 9462653836 |
This book examines the impact of EU trade and investment agreements on public services, a topic that continues to be the subject of heated political debate. It surveys a broad range of EU agreements and provides a comprehensive, up-to-date analysis of the rules and disciplines of such agreements that can affect the provision of public services. Going beyond the existing literature, it asks whether the treatment of public services in EU trade and investment agreements is coherent with the special status of public services in “internal” EU law, specifically internal market law, while also challenging the notion that trade and investment agreements automatically pose serious threats to public services. The book will be of keen interest to legal scholars and students specialising in EU and/or international economic law together with national and international policy-makers. Luigi F. Pedreschi is affiliated to the European University Institute in Florence, Italy, and currently works as a Research Associate at the Robert Schuman Centre for Advanced Studies, also located in Florence.
| Author | : Ernst-Ulrich Petersmann |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 471 |
| Release | : 2012-07-24 |
| Genre | : Law |
| ISBN | : 1847319815 |
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
| Author | : Ioannis Lianos |
| Publisher | : Cambridge University Press |
| Total Pages | : 515 |
| Release | : 2012-03-22 |
| Genre | : Law |
| ISBN | : 1107378354 |
This volume assesses the viability of various theories of economic integration that take into account the legal, economic, political and social challenges of incorporating free trade with retaining the plurality of social welfare standards and consumer protection. Chapters cover the governance of trade in services at the European and global level; studies on the recent Services Directive and how this interacts with the principle of managed mutual recognition and harmonization in different sectors of trade in services (social services, financial services); the recent case law of the European Courts on the enforcement of the principle of free movement of services and how this accommodates various national public interest concerns; and the interaction of the freedom to provide services with fundamental rights, including social rights. The operation of the principle of managed mutual recognition in other economic integration regimes, in particular in the context of the WTO, is also discussed.
| Author | : Pierre Sauve |
| Publisher | : World Bank Publications |
| Total Pages | : 246 |
| Release | : 2003-08-29 |
| Genre | : Political Science |
| ISBN | : 0821383434 |
Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.
| Author | : Manuel Kellerbauer |
| Publisher | : Oxford University Press |
| Total Pages | : 3329 |
| Release | : 2019-05-16 |
| Genre | : Law |
| ISBN | : 0192513419 |
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
| Author | : Marcus Klamert |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2015 |
| Genre | : Business & Economics |
| ISBN | : 1107034590 |
Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.
| Author | : Hans-W Micklitz |
| Publisher | : Cambridge University Press |
| Total Pages | : 489 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1108424120 |
Compares national concepts of social justice with the developing European concept of access justice.
| Author | : Shin-yi Peng |
| Publisher | : Cambridge University Press |
| Total Pages | : 283 |
| Release | : 2024-03-31 |
| Genre | : Law |
| ISBN | : 1009355031 |
This book addresses the challenges of datafication through the lens of international economic law. The target audience includes academics, scholars, graduate students, practitioners and policy-makers in the fields of international trade and economic law, technology law, media and communication studies, political economy and global governance.
| Author | : Aik Hoe Lim |
| Publisher | : Cambridge University Press |
| Total Pages | : 395 |
| Release | : 2014-03-13 |
| Genre | : Business & Economics |
| ISBN | : 1107062357 |
Innovative, interdisciplinary, practitioner-oriented insights into the key challenges faced in addressing the services trade liberalization and domestic regulation interface.
