Main Principles of International Trade in Services within the World Trade Organization (WTO)  Cover Image
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Основни принципи на международната търговия с услуги в рамките на Световната търговска организация
Main Principles of International Trade in Services within the World Trade Organization (WTO)

Author(s): Anton Petrov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: INTERNATIONAL LAW // Despite the fact that international trade in services has a long history, there are still many ambiguities with respect to the relevant international rules that regulate it. The economic theories, including the law of comparative advantage, which call for the liberalization of trade in services, as well as the legal instruments, which are used for this purpose, are more or less identical with those which assisted liberalization of international trade in goods. At the same time, some of the inherent differences between trade in goods and trade in services make liberalization and the enforcement of international rules with respect to services much more difficult. The paper provides a summary analysis of GATS main principles for the regulation of international trade in services within the WTO. It proposes that the guidelines for and practice of the recording of “specific commitments” under GATS with respect to the various service sectors, while referring to the “mode” of supply, creates conditions for the fragmented application of those commitments. In practice, the WTO Member States have retained the right and ability to discriminate between like services (and their suppliers and customers) by stressing differences in the “modes” through which such services are supplied.

  • Issue Year: LIII/2012
  • Issue No: 1
  • Page Range: 17-41
  • Page Count: 25
  • Language: Bulgarian