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How the GATS undermines the right to regulate

28 Nov 2005

A May 2005 letter from the United warned that the panel’s interpretation of the GATS States Trade Representative’s office to state officials “greatly constrains the right of Members to regulate repeats eight times that: “nothing in the GATS impedes services…”8 The US specifically cited bans on billboard the ability of a state to maintain or develop regulatory advertising as just one example of the [...] Overview of the Appellate Body’s Ruling In terms of the complaint against US federal laws, The Appellate Body overturned the panel’s ruling however, the Appellate Body upheld the panel’s against the gambling laws of four US states, agreed opinion that Antigua had presented sufficient with the panel’s findings that US federal laws affecting arguments to warrant a panel decision. [...] In sharp contrast with what the US lawyers said in their submissions in the case, trade officials Because the US lost in its attempt to prove it had not appear to be downplaying the agreement’s disastrous violated the GATS, it had to draw on the exceptions implications for regulatory authority in their drive to clause in the agreement. [...] Given the overwhelming record of specific problems with the article’s wording are defeats governments have had trying to defend their analyzed in Annex A. The uncertainty about what legislation at the WTO on the basis of exceptions market access really means has emerged in the current clauses, the US was fortunate in how the Appellate negotiations designed to expand commitments. [...] Indeed, the very concept of regulation supplied, or to the ability of the supplier to supply the of a service typically rests on the power of the state service (i.e.
government politics economy regulation international law international trade discrimination civil law copyright gambling international relations jurisprudence law foreign trade regulation treaties uncertainty world trade organization wto general agreement on tariffs and trade court general agreement on trade in services judgment internet gambling measures having equivalent effect article three of the united states constitution law of the united states us federal law

Authors

Gould, Ellen

Pages
15
Published in
Canada

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