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Liberalization of Trade in Legal Services

Liberalization of Trade in Legal Services
Author: Gilles Muller
Publisher: Kluwer Law International B.V.
Total Pages: 505
Release: 2013-08-01
Genre: Law
ISBN: 9041148795

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The internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.


The Public International Law of Trade in Legal Services

The Public International Law of Trade in Legal Services
Author: David Collins
Publisher: Cambridge University Press
Total Pages: 277
Release: 2018-11-08
Genre: Law
ISBN: 1108530397

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This book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.


International Trade in Legal Services

International Trade in Legal Services
Author: Sydney M. Cone
Publisher: Aspen Publishers
Total Pages: 698
Release: 1996
Genre: Law firms
ISBN:

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International Trade in Legal Services is a comprehensive guide to launching or expanding a successful legal practice in foreign markets. Written by the world-renowned international law expert Sydney M. Cone of Cleary, Gottlieb, Steen and Hamilton this incomparable practice tool offers the expert advice and jurisdiction-specific information you need to mine your foreign practice opportunities to the fullest. Whether you are just planning your entry into a new jurisdiction or seeking to expand your current foreign office, you'll find this reference essential reading. The book distills the expert insights and masterful strategies developed by Cone and his partners over four decades of practice at a premier international law firm. In Part I, you gain an in-depth, practical working overview of the major players, markets, and multilateral rules governing foreign practice. You'll see how GATS works, how the rules have evolved, and what their practical implications are for the foreign lawyer. Parts II, HI, and IV examine in detail the major legal centers in North America, Europe, Asia, and Australia respectively, providing specific, step-by-step guidance to the applicable rules, regulations, pitfalls, and opportunities.


Digital Services in International Trade Law

Digital Services in International Trade Law
Author: Ines Willemyns
Publisher: Cambridge University Press
Total Pages: 429
Release: 2021-09-30
Genre: Law
ISBN: 1108837530

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The first comprehensive analysis of the applicability of international trade law to digital services at multilateral and regional levels.


International Trade in Professional Services

International Trade in Professional Services
Author: Organisation for Economic Co-operation and Development
Publisher: OECD
Total Pages: 274
Release: 1997
Genre: Business & Economics
ISBN:

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Proceedings of the 3rd OECD Workshop on Professional Services, held in Paris, 20-21 February 1997


International Trade Law

International Trade Law
Author: Joost H.B. Pauwelyn
Publisher: Aspen Publishing
Total Pages: 948
Release: 2016-05-22
Genre: Law
ISBN: 1454877472

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Written by a team of leading scholar/practitioners including a former Appellate Body member, PhD economist and former WTO Secretariat Lawyer, International Trade Law covers all aspects of WTO law. Appropriate for a two- to three-hour international trade course, the third edition covers trade in goods, services, and intellectual property, in 22 succinct chapters of around 30 pages, carefully excerpting leading cases, providing basic introductions, probing questions and real life problems. This book balances positive and normative perspectives, mixing legal texts and panel/Appellate Body decisions with analysis of economic and policy challenges faced by the international trading system. The Third Edition has been updated to include recent political and economic events, issues and policy debates, and supplements new developments in case law with additional questions and a revised Teacher’s Manual. Hallmark features of International Trade Law: • Prepared by three leading WTO scholars – providing a balanced international and methodological perspective • Up-to-date, discriminating case selection presents both classic cases and recent doctrine • Contextualizes international trade issues with insights into key economic factors at work • Key WTO cases are edited and presented to illustrate and teach central concepts and doctrine • Illuminating introductory and explanatory material throughout • Helpful summaries of key teaching points are included in each chapter • Well-crafted questions stimulate class discussion on policy issues • Manageable length for two- and three-credit courses • Adaptable to graduate-level courses in international trade • Comprehensive Teachers Manual with answers to questions as well as teaching suggestions, tips, and supplementary material appropriate for class discussion • Complemented by a thorough and up-to-date documents supplement The Third Edition has been revised to include: • Third author added: Jennifer Hillman, former member of the WTO Appellate Body and the US International Trade Commission, now Professor at Georgetown Law • Major revision of trade remedy chapters (dumping, subsidies, safeguards) with new hands-on practical problems • Completely revised chapter on technical barriers to trade (TBT) taking account of new jurisprudence post-2012 (US – Clove Cigarettes, US - Tuna II, US – COOL, EC – Seal) • New text on post-2008 trade collapse, global value chains • Updated statistics on WTO dispute settlement, free trade agreements, developing countries • Discussion of 2015 US Trade Promotion Authority, mega-regionals including TPP and TTIP, 2014 Trade Facilitation Agreement • Includes summaries of new, major cases such as Canada – Feed-in Tariff, EC – Seal, Peru – Agricultural Products, China – Rare Earths


Advanced Introduction to International Trade Law

Advanced Introduction to International Trade Law
Author: Michael J. Trebilcock
Publisher: Edward Elgar Publishing
Total Pages: 287
Release: 2020-01-31
Genre: Law
ISBN: 1788971434

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Written by two leading scholars with 60 years of collective experience in the area, this insightful updated second edition provides a clear and concise introduction to the fundamental components of international trade law, presenting the basic structure and principles of this complex area of law, alongside elucidation of specific GATT and WTO legal rules and institutions. Key updates include references to the most recent cases, decisions and treaty negotiation developments, analysis of populist critiques of international trade law and analysis of new areas including digital trade and security exceptions.


Outsourcing Legal Services: Impact on National Law Practices

Outsourcing Legal Services: Impact on National Law Practices
Author: Dennis Campbell
Publisher: Kluwer Law International B.V.
Total Pages: 392
Release: 2012-03-01
Genre: Law
ISBN: 9041142266

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This special issue of the Comparative Law Yearbook of International Business addresses an important development in the globalization of international law practices, the outsourcing legal services. Practitioners from the Czech Republic, Estonia, France, Germany, Gibraltar, India, Indonesia, Italy, Japan, Malaysia, Nigeria, Portugal, Romania, Spain, Switzerland, the United Kingdom, and the United States address a range of issues, including outsourcing legal issues from a law department in a company to a law firm, the monopoly of a country’s law firm for legal advice, sending legal advice to partner law firms abroad, and utilizing foreign providers of basic legal and transactional services (such as services offered in India and The Philippines) for routine legal tasks.


International Trade in Professional Services

International Trade in Professional Services
Author: Organisation for Economic Co-operation and Development
Publisher: OECD
Total Pages: 332
Release: 1996
Genre: Business & Economics
ISBN:

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Services as Objects of International Trade

Services as Objects of International Trade
Author: Louise L. Hill
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

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The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as they seek to liberalize the provision of legal services. Within the EU, lawyers from EU Member States can work temporarily or permanently in another EU Member State by complying with the provisions of the Lawyers' Services Directive or the Lawyers' Establishment Directive. The EU, however, proposes handling cross-border practice with lawyers from non-EU Member states who are WTO members through Foreign Legal Consultant recognition, something considerably more restrictive than what is accorded lawyers from EU Member States. In that the EU is looked to as a leader in facilitating the provision of legal services, it seems the EU is missing an opportunity to shape the globalization of the legal profession by further expanding liberalization opportunities for international trade in legal services.