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Recent Preferential Trade Agreements’ Disciplines for Tackling Regulatory Divergence in Services: How Far beyond GATS?

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  • Gari, Gabriel

Abstract

The paper reviews the disciplines for tackling regulatory divergence in services included in 23 PTAs entered into by China, the EU, Japan, and the USA. It identifies a remarkable expansion in the number and extent of disciplines on regulatory transparency, regulatory coherence, and regulatory cooperation compared with GATS, which, subject to adequate implementation, will allow these agreements to deliver a degree of market integration well beyond what could be achieved simply by removing market access restrictions and discriminatory measures from the rule book. However, the paper calls for some restraint when estimating the potential impact of these disciplines, mainly because of the soft language used for phrasing some of them and the anticipated high implementation costs, particularly for countries with unsophisticated domestic legal systems.

Suggested Citation

  • Gari, Gabriel, 2020. "Recent Preferential Trade Agreements’ Disciplines for Tackling Regulatory Divergence in Services: How Far beyond GATS?," World Trade Review, Cambridge University Press, vol. 19(1), pages 1-29, January.
  • Handle: RePEc:cup:wotrrv:v:19:y:2020:i:1:p:1-29_1
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    Cited by:

    1. Baiker, Laura & Bertola, Elena & Jelitto, Markus, 2021. "Services Domestic Regulation - Locking in good regulatory practices: Analyzing the prevalence of Services Domestic Regulation disciplines and their potential linkages with economic performance," WTO Staff Working Papers ERSD-2021-14, World Trade Organization (WTO), Economic Research and Statistics Division.
    2. Kawecka-Wyrzykowska Elżbieta, 2020. "Importance and motives of preferential trade agreements in the EU’s external trade," Economics and Business Review, Sciendo, vol. 6(3), pages 3-22, August.

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