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The purpose of this paper is to determine whether greenhouse gas (GHG) tradeable instruments will be classified as financial products within the scope of the World Trade Organization (WTO) law and to explore the implications of this finding.

This purpose is achieved through examination of the units of the Australian carbon pricing mechanism (the CPM), namely eligible emissions units. These units are analysed through the lens of the definition of financial products provided in the General Agreement for Trade in Services (the GATS).

This paper finds that eligible emissions units will be classified as financial instruments, and therefore the provisions that govern their trade will be regulated by the GATS. Considering this, this paper explores the limitations that are introduced by the Australian legislation on the trade of eligible emissions units.

This paper is limited in its analysis to the Australian CPM. In order to draw conclusions on the issues raised by this analysis, it is necessary to consider the WTO requirements against an operating emissions trading scheme. The Australian CPM presents a contemporary model of an appropriate scheme.

The findings in this paper are crucial in a GHG-constrained society. This is because emissions trading schemes (ETSs) are becoming popular measures for pricing GHG emissions, and for this reason the units that are traded and surrendered for emissions liabilities must be classified appropriately on a global scale. Failing to do this could result in differential treatment that may be contrary to the intentions of important global agreements, such as the WTO-covered agreements.

To review the relationship between the nature of telecommunications sector reform and the commitments under the WTO, and determine the impact on sector performance.

A model is developed which links sector reforms and WTO commitments. Publicly available, data are then used to populate the model and explore the correlations between sector reform, WTO commitments and sector performance.

The empirical analysis suggests a strong and positive correlation between positive changes in sector performance and sector reform supported by WTO commitments.

The sequencing of the reform agenda and the use of WTO commitments as part within the political economy of a particular country are important issues which future research may consider. The lack of consistent cross‐sectional data prevented the adoption of more formal econometric analysis.

The paper highlights the close integration of a number of policy measures if sector reform within a country is to be successful. The role of the WTO commitments may be significant not only in shaping the details of internal policy measures, but also as a credibility signal to investors.

In light of the Doha round of negotiations within the WTO, in particular the “Singapore Agenda”, this paper makes a significant contribution to understanding the relationship between WTO commitments and reform of the telecommunications sector.

The purpose of this paper is to examine one of the most pressing global challenges, the ongoing migrant trafficking across sea, from international trade law and policy perspective. It identifies global poverty as one of the underlying causes of such trafficking. It argues that restrictive trade in labour-intensive services of the World Trade Organization (WTO) contributes to and sustains poverty in many migrant producing countries. Chronic unemployment in poor countries with surplus manual workforce renders these workers bewildered to survive in a jobless and incomeless home markets. Non-liberalization of movements of natural persons under General Agreement on Trade in Services (GATS) Mode 4 prevents legal cross-border delivery of labours. Restrictive trade in agriculture has but aggravated their marginalized plight. It is this poverty trap that pushes workers, lured by smugglers, to take risky migration routes for better life in countries with labour shortages.

The paper adopts a blend approach of theoretical and applied aspects of international trade law and policy, which is interpreted and applied to a fact situation of contemporary challenge of migrant trafficking by sea.

This paper establishes a nexus between restrictive Mode 4 trade and its implications for poverty-induced migration trafficking trade. It suggests a palatable trade law and policy-based reform response for the WTO to ameliorate poverty and migration trafficking trade concurrently through the creation of legal channels for the cross-border delivery of labours by liberalizing Mode 4 trade in a manner beneficial for developed countries as well.

Its value lies in its contribution to maximize multi-lateral trade liberalization for the benefit of all countries, social inclusion and economic emancipation of the disadvantaged, which would minimize global poverty.

On 15 December 1993, the most ambitious trade liberalisation package in history was concluded, marking the end of multilateral trade negotiations under the aegis of the General Agreement on Tariffs and Trade (GATT). Among the landmark achievements of that round was the addressing of the services sector for the first time in such a setting. This paper analyses the key provisions of the General Agreement of Trade in Services (GATS) in the context of the construction industry. Despite the fact that GATS is presently a framework which requires further negotiation, there are already certain matters that corporate strategists should be conversant with in preparation for the time when full trade surveillance is imposed on the industry. Specific reference is also made to the Government Procurement Agreement towards the end of this paper because of its galvanising force on future GATS negotiations.

The paper is developed around, and aims to focus on, the possible impacts of the General Agreement on Trade in Services (GATS) for sustainable development of tourism, especially in the context of the third world.

The paper is an exploration of the issues.

Findings generally imply that the historical development of GATS is not in tune with the aspirations of the small and medium scale enterprises in tourism, especially those located in the South. The agreements show only scant regard for the principles of sustainable development, too.

On a pragmatic level, the paper highlights the opportunities and threats to the stakeholders. It focuses on the most disadvantaged ones in tourism development and provides a set of guidelines for informed action.

The paper tries to explain the meaning and intent of technical and arcane treaty clauses in understandable terms and provide a set of guidelines within which the treaty has to be structured for the best results. The paper offers valuable inputs for the negotiators, the tourism business community, the NGOs, the governments, and other stakeholder groups.

The paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under General Agreement on Trade in Services (GATS) security exception.

If a case were to be brought before the WTO dispute settlement, the defender could support its case by invoking the security exception. This paper analyzes three main arguments that could be brought up: protection from cyber espionage, protection from cyberattacks on critical infrastructure and access to data needed to prevent terrorist threats. These three cases are analyzed both legally and technically to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era.

In the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyberattacks and terrorist threats.

This paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments.

Since India became a signatory to the General Agreement on Trade in Services (GATS), it has been increasingly involved in multilateral negotiations for opening up its borders to international trade in services. The GATS was negotiated in the Uruguay Round of multilateral trade negotiations in 1994, and regulates trade in all service sectors between its 149 member countries. Lawyers engaged in providing legal services in foreign countries generally act as ‘foreign legal consultants’ (FLC), providing advice on international law or other non‐domestic laws. India needs to liberalize its policy in foreign trade more in order to avail of the advantages of the globalization of trade in services. This research paper aims at understanding the setbacks to the liberalization of the Indian legal services sector and realizing the potential allowing the entry of FLCs in select areas of the sector and permitting the collaboration of Indian and foreign lawyers/law firms.

Purpose – Because businesses conducting e-commerce are often able to set up off-shore to avoid regulation, taxation, and other aspects of corporate responsibility, the developed-developing divide which tends to inform World Trade Organization (WTO) policies is especially an impediment to future global e-commerce. This chapter explores the particular accountability challenges represented by WTO e-commerce policies.Design/methodology/approach – The framework of inquiry focuses on a policy research study of relevant WTO e-commerce policy documents, especially the ones related to the negotiations under the WTO Work Program on Electronic Commerce and the GATS Agreement.Findings – The virtual nature of e-commerce interactions means that businesses are often able to circumvent the national boundaries and controls of conventional commerce. Because of this, the WTO and its e-commerce policy are crucial to the responsible and accountable development of future global e-commerce. Such policies need to be significantly improved as a matter of urgency to overcome current omissions and inadequacies.Research implications – Accountability gaps within WTO’s e-commerce policies provide a basis for companies from developed countries to set up off-shore to avoid their corporate social responsibilities. A constructive critique of international agency policy documents is able to provide a basis for recommending change and improvement to the overall WTO framework.Practical and social implications – Companies should profess genuine rather than merely surface commitment to global as well as local corporate social responsibilities. Likewise the WTO should also aim to practice deep rather than “shallow” accountability by aiming to rectify omissions and inequities in its e-commerce policies.

Labour mobility is increasingly recognized as an important component of a globalized international trading system. This paper aims to examine the role of temporary entry commitments in international trade agreements toward facilitating global labour mobility.

This paper traces three decades of temporary entry provisions in international trade agreements signed by the USA and Canada, beginning with their bilateral Canada–US Free Trade Agreement and culminating in the Trans-Pacific Partnership (TPP).

The paper finds that while many countries have continued to liberalize their temporary entry commitments in various trade agreements, the USA has reversed course in the previous decade, hampering international progress. Meanwhile, Canada has pursued ever greater labour mobility provisions with most of its trading partners.

The unique roles played by the USA, Canada and other trading partners in advancing a coherent international labour mobility agenda are considered. To continue to advance labour mobility in trade agreements moving forward, policy alternatives to the “all” or “nothing” approaches pursued by Canada and the USA are suggested.

To the author’s knowledge, this paper is the first to formally evaluate labour mobility in the TPP and the only paper to outline the evolution of temporary entry in the US vs Canadian trade agreements over three decades.

The purpose of this paper is to investigate the opportunities and challenging prospects for liberalizing financial services in various ways under the General Agreement on Trade in Services (GATS), in view of Bangladesh's interests and concerns.

Different tabular and graphical approaches and critical investigation are conducted to analyze the impact of financial liberalization to explore challenges and opportunities of liberalizing financial sector under GATS framework.

This paper finds that although Bangladesh does not make any commitment under GATS, the rate of liberalization in the financial sector has been quite rapid. As one of the least developed countries (LDCs), Bangladesh should have the flexibility to make commitments as well. From the present status of financial sector liberalization, this paper recommends that Bangladesh should adopt commitments because any non‐commitment sends the wrong signal to the global market and may reduce foreign direct investment.

The recommendation of this paper is very practical for trade policy for liberalizing financial sector in Bangladesh as well as other developing countries which already made great liberalization of this sector but did not make any commitments under GATS.

This paper is the first attempt to analyze the financial sector liberalization under GATS framework in the LDCs particularly in Bangladesh financial sector.