A Legal Analysis of the Trans-Pacific Partnership Agreement
Edited by Tania Voon
The Trans-Pacific Partnership Agreement (TPP) has the potential to open services markets in numerous countries of differing levels of development, geographic regions and governance systems. This ambitious but defined effort may succeed where other attempts to liberalise services have failed. Specifically, advancements in the context of the General Agreement on Trade in Services (GATS) have been limited since its creation in 1995 with the establishment of the World Trade Organization (WTO). Services liberalisation in preferential trade agreements (PTA) has been rather piecemeal, in many instances arguably falling short of the conditions applicable to the GATS Article V exception for economic integration agreements and containing significant ëGATS-minusí elements. TPP parties are faced with the challenge of harnessing and going beyond GATS and PTA obligations, while removing the ëwaterí between bindings regarding services trade and the domestic measures actually imposed on such trade. In doing so, an important choice includes whether to adopt a ënegative listí approach ñ whereby a given commitment applies to all service sectors and modes of supply unless the party has scheduled a specific exemption (as is the approach to the most- favoured-nation (MFN) rule in GATS Article II) ñ or a ëpositive listí approach, whereby a party agrees to certain obligations only with respect to nominated sectors and modes of supply (as is the approach to the national treatment rule in GATS Article XVII). PTAs of different TPP parties adopt different solutions to this choice.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.