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Bilateralism in Services Trade: Is There Fire Behind the (Bit-)Smoke?

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  • Rudolf Adlung
  • Martín Molinuevo

Abstract

In most of the current literature, the spread of regionalism in international trade relations is discussed in terms of a rapidly rising number of preferential trade agreements (PTAs). Far less attention is given to the even more rapid proliferation of bilateral investment treaties (BITs) and their overlap with obligations assumed by WTO Members under the General Agreement on Trade in Services (GATS). BITs generally apply across a much wider range of service sectors, in particular in the case of least-developed countries (LDCs) and developing countries, than those scheduled under the GATS. Furthermore, a number of relevant disciplines, including on fair and equitable treatment, expropriation and dispute settlement, may go beyond potential counterparts under the GATS. At the same time, pursuant to GATS Article II, these disciplines are to be applied on a most-favoured-nation (MFN) basis. Based on a comparative analysis of relevant provisions, this article discusses options on how WTO Members could proceed. , Oxford University Press.

Suggested Citation

  • Rudolf Adlung & Martín Molinuevo, 2008. "Bilateralism in Services Trade: Is There Fire Behind the (Bit-)Smoke?," Journal of International Economic Law, Oxford University Press, vol. 11(2), pages 365-409, June.
    • Handle: RePEc:oup:jieclw:v:11:y:2008:i:2:p:365-409
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    Cited by:

    1. Timilsina, Govinda R. & Shrestha, Ashish, 2008. "The growth of transport cector CO2 emissions and underlying factors in Latin America and the Caribbean," Policy Research Working Paper Series 4734, The World Bank.
    2. Axel Berger & Matthias Busse & Peter Nunnenkamp & Martin Roy, 2013. "Do trade and investment agreements lead to more FDI? Accounting for key provisions inside the black box," International Economics and Economic Policy, Springer, vol. 10(2), pages 247-275, June.
    3. Arvind Subramanian & Aaditya Mattoo, 2008. "Multilateralism Beyond Doha," Working Papers 153, Center for Global Development.
    4. Honeck, Dale, 2008. "LDC Poverty Alleviation and the Doha Development Agenda: is tourism being neglected?," WTO Staff Working Papers ERSD-2008-03, World Trade Organization (WTO), Economic Research and Statistics Division.
    5. Adlung, Rudolf, 2009. "Trade in healthcare and health insurance services: The GATS as a supporting actor (?)," WTO Staff Working Papers ERSD-2009-15, World Trade Organization (WTO), Economic Research and Statistics Division.
    6. Mattoo, Aaditya, 2011. "Services Trade Liberalization and Regulatory Reform: Re-invigorating International Cooperation," CEPR Discussion Papers 8181, C.E.P.R. Discussion Papers.
    7. Rammal, Hussain G. & Rose, Elizabeth L. & Ghauri, Pervez N. & Ørberg Jensen, Peter D. & Kipping, Matthias & Petersen, Bent & Scerri, Moira, 2022. "Economic nationalism and internationalization of services: Review and research agenda," Journal of World Business, Elsevier, vol. 57(3).
    8. repec:ilo:ilowps:471290 is not listed on IDEAS
    9. Boie, Bertram., 2012. "Labour related provisions in international investment agreements," ILO Working Papers 994712903402676, International Labour Organization.

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