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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.


Coherence and Divergence in Services Trade Law

Coherence and Divergence in Services Trade Law
Author: Rhea Tamara Hoffmann
Publisher: Springer Nature
Total Pages: 279
Release: 2020-07-23
Genre: Law
ISBN: 3030469557

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This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.


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


National Regulation and Trade Liberalization in Services

National Regulation and Trade Liberalization in Services
Author: Markus Krajewski
Publisher: Kluwer Law International B.V.
Total Pages: 270
Release: 2003-01-01
Genre: Law
ISBN: 9041121412

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Like tariffs and other border measures, national regulatory barriers impede international trade. Unlike tariffs, however, such barriers usually indicate an important domestic policy choice. This 'conflict of interest' has emerged as a crucial issue in international law, particularly with regard to services, such as telecommunications and health services. This study is the first to analyze the potential impact of incompatibilities between national regulatory regimes and the rules and obligations imposed by the General Agreement on Trade in Services (GATS). In the process of arriving at his challenging concluding theses, the author investigates such relevant concepts as the following: the political and ideological dynamics of GATS negotiations services trade liberalization in regional integration systems, particularly in EC law policies common to diverse national regulatory systems the notions of 'deregulation' and 'privatization' the human rights implications of international trade law the GATS obligations of market access, national treatment, and most-favoured-nation treatment the role of the WTO's dispute settlement organs GATS transparency obligations Professor Krajewski's study is of enormous significance to specialists in regulatory policies and instruments at all national and sectoral levels, especially in the context of ongoing GATS negotiations. As the author warns: Unless GATS negotiators and national regulators have a thorough understanding of the relationship between GATS obligations and regulatory policies and instruments, they cannot effectively use the flexible elements of GATS and could reach an agreement which they may later regret.


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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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.


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.


Essentials of WTO Law

Essentials of WTO Law
Author: Peter Van den Bossche
Publisher: Cambridge University Press
Total Pages: 349
Release: 2016-04-02
Genre: Law
ISBN: 1316571548

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At a time when developments in WTO law have made this field increasingly complex, this concise and non-technical introduction provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO. A variety of text features enables a rich understanding of the law: illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.


The outsourcing of legal services

The outsourcing of legal services
Author: Singh Dharamveer
Publisher: Éditions Larcier
Total Pages: 241
Release: 2015-10-27
Genre: Law
ISBN: 2879748488

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Economic globalization is transforming practically every service sector. The legal industry that has long remained insulated too has not remained untouched by the effects of globalization. The outsourcing of legal services in the past one decade has transformed the legal landscape. Legal outsourcing to India is becoming increasingly popular among U.S. and European law firms and corporations. This book broadly seeks to discuss three main topics surrounding legal process outsourcing (LPO): its emerging trends, the legal challenges it raises and the hitherto unrecognized potential it holds. Firstly, this book clarifies concepts of LPO and its operating models practiced by U.S. and U.K. law firms and corporations. Secondly, the outsourcing of legal services creates significant challenges for ethics rules including conflict of interests, attorney-client privilege, supervision and fee sharing. Thirdly, this research explores the hidden potential of LPO to improve access to justice. This book develops an altogether new proposal where Indian LPO professionals could help alleviate the access to justice problem among indigent and low-income populations of the United States.