China, Free Trade Agreements and WTO Law: A Perspective on the Trade in Services

Author(s):  
Heng Wang
2019 ◽  
Author(s):  
Daniela Tröppner

This thesis illuminates the tensions between free trade agreements and the regulatory framework of Germany’s social services and healthcare systems. It focuses on the effects recent free trade agreements (e.g. CETA) have had on the commitment of non-profit organisations, especially welfare organisations and charities. By scrutinising free trade agreements based on GATS and GPA as well as bilateral investment agreements, this study examines the rules on the liberalisation of trade in services, investment protection, public procurement, competition and subsidies in order to flesh out their concrete effects on charitable work in social services and healthcare.


Author(s):  
James Munro

Chapter 5 examines whether measures affecting trade in carbon units constitute measures affecting trade in services under GATS and free trade agreements covering services. While carbon units themselves would not constitute the service in question, they can be said to embody a service performed. They are, in essence, the currency through which greenhouse gas reduction services can be commodified and traded. This chaper thus reveals that measures affecting trade in offset units will likely be regulated by GATS. However, measures affecting trade in allowance units would be unlikely to be covered by GATS on account of the lack of obvious economic activity involved in their generation.


Author(s):  
Henning Grosse Ruse-Khan

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.


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