The GATS preamble already highlights the inevitable conflict between on the one hand achieving progressively higher levels of liberalization of trade in services in order to expand trade in services and promote growth, and on the other hand the right to introduce new regulation to meet national...

In recent years, there has been a surge in the conclusion of regional trade agreements (‘RTAs') by the European Union with trading partners across the world. These RTAs have gradually become more elaborate and substantive, thereby liberalising inter alia certain aspects of trade in services....

In this report, the inherent tension between regulatory autonomy and trade liberalisation is addressed with a focus on trade in services. Therefore, this report examines in detail what is meant by the term ‘(constraints on) regulatory autonomy' in trade law literature and develops five...

The less favourable treatment (LFT) condition is a cornerstone of international trade law and is found in national treatment obligations that apply to both trade in goods (Articles III:4 GATT 1994 and 2.1 TBT Agreement) and trade in services (Article XVII GATS). In the case law, the LFT...

In 2013, the European Union (EU) initiated negotiations for regional trade agreements (RTAs) with the United States (U.S.) and Japan, two of the largest economies in the world and key trading partners. Both countries have strong offensive interests in audio-visual services, a sector in which the...

This paper addresses how Brazil's use of the WTO dispute settlement vis-à-vis the EU has an impact on trade relations between both parties. After describing their economic relationship, it is demonstrated that Brazil and the EU are not only successful and avid users of the dispute settlement...

At the multilateral level, the General Agreement on Trade in Services (GATS) regulates trade in services. Considered a framework agreement, GATS contains a built-in negotiation mandate to further develop disciplines on services trade. These negotiations have, in the context of the Doha Round,...