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Article

Rafiqul Islam and Khorsed Zaman

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Journal of International Trade Law and Policy, vol. 14 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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Article

Caf Dowlah

The purpose of the paper is to examine convergence of economic interests – both empirically and theoretically – among labor-abundant (labor-sending) and labor scarce…

Abstract

Purpose

The purpose of the paper is to examine convergence of economic interests – both empirically and theoretically – among labor-abundant (labor-sending) and labor scarce (labor receiving) countries, in the context of Mode 4 of the General Agreement on Trade in Services (GATS) of the WTO. The paper also explores regional trade associations as an interim alternative forum for promoting temporary cross-border labor mobility in the backdrop of failure of multilateral trade negotiations under the Doha Round.

Design/methodology/approach

The research methodology of the paper involves literature review, an analysis of databases and theoretical findings, and a critical examination of pertinent empirical and secondary information on the subject matter.

Findings

The findings reveal that although a convergence of economic interests seem to exist between the labor-sending and receiving countries for promoting cross-border labor mobility, this sector faces formidable trade and non-trade barriers across the world, especially in the developed countries. As multilateral trade negotiations under the Doha Round have failed to make any progress toward liberalization of this sector, regional trade associations, especially those pursued by the USA, Canada and Australia, seem to provide a credible alternative vehicle, as an interim measure, for further liberalization of this sector. These RTAs can serve as examples for other RTAs to promote regional mobility of labor.

Research limitations/implications

Cross-border temporary labor mobility, as envisaged by GATs of the WTO, is a burgeoning field. Although some serious works are available, especially sponsored by the World Bank and some leading universities, there is a considerable dearth in this field, especially in respect to contribution from individual scholars and researchers. This paper fills the void to some extent by ascertaining factors and forces that help or hinder cross-border mobility, by pointing out limitations of multilateral trade negotiations under the WTO, and by exploring the regional trade associations as an interim measure for promoting cross-border labor mobility.

Practical implications

This paper points out factors and forces that help or hinder cross-border mobility, ascertains crucial limitations of multilateral trade negotiations under the WTO, and explores the RTAs as an interim measure for promoting cross-border labor mobility – all these would have practical policy implications.

Originality/value

The originality of the paper lies with its critical and careful review of existing literature and available databases, with the determination of factors and forces that help or hinder cross-border mobility in the contemporary world, in pointing out the limitations of multilateral trade negotiations under the WTO, and in exploring the RTAs as an interim measure for promoting cross-border labor mobility.

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Article

M. Rafiqul Islam, Shawkat Alam and Pundarik Mukhopadhaya

The multilateral liberalisation of trade in education under the General Agreement on Trade in Services (GATS) has achieved little progress. In a bid to overcome this…

Abstract

Purpose

The multilateral liberalisation of trade in education under the General Agreement on Trade in Services (GATS) has achieved little progress. In a bid to overcome this lacklustre education trade liberalisation under the World Trade Organization (WTO), the purpose of this paper is to examine education trade bilateralism between Australia and India as an alternative to multilateralism. The end is to maximise bilateral trade liberalisation in education as a means to facilitate dynamic productivity gains, export opportunities, market competition, and FDI in the sector. The combined effect of this bilateralism would help accelerate economic growth in both countries, which is likely to generate domino effects on other WTO members, thereby contributing to the multilateral liberalisation of trade in services under the WTO.

Design/methodology/approach

The research methodology is analytical, based on pertinent empirical and secondary information.

Findings

Strong complementarities and synergies are found for the integration of trade in education services between Australia and India. Of the major exporters of education services, Australia enjoys the most competitive edge and comparative advantage in the Asia‐Pacific. India faces strong demands for quality education services due to its economic reforms and expansion requiring knowledge‐based workforce for high efficiency and productivity and has become a major importer of education services in the region.

Originality/value

The paper identifies new means of consolidating Australia and India's existing trade, niche areas of further opportunities, and potential challenges to be confronted for greater economic integration through trade in education. The originality of the paper lies in its core message that education trade bilateralism can be a valuable stepping stone, in many instances, to multilateral trade in education.

Details

Journal of International Trade Law and Policy, vol. 11 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Content available
Article

Meredith B. Lilly

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…

Abstract

Purpose

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.

Design/methodology/approach

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).

Findings

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.

Practical implications

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.

Originality/value

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.

Details

Journal of International Trade Law and Policy, vol. 18 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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Article

Ying Guo, Pavlina Jasovska, Hussain Gulzar Rammal and Elizabeth L. Rose

The use of expatriates to transfer individual and organizational know-how and knowledge is a practice widely used by multinational enterprises (MNEs). However, for service…

Abstract

Purpose

The use of expatriates to transfer individual and organizational know-how and knowledge is a practice widely used by multinational enterprises (MNEs). However, for service firms, the mobility of employees across national borders depends on the commitments made by countries under the General Agreement on Trade in Services (GATS). In particular, the Mode 4 form of supply under GATS can limit the ability of professionals to enter a particular country and can restrict the intra-organizational transfer of knowledge in multinational service firms. The purpose of this paper is to investigate how MNEs attempt to overcome these barriers and transfer knowledge through their global network.

Design/methodology/approach

Using Nonaka and Takeuchi’s SECI model of knowledge transfer, the authors study the intra-organizational knowledge transfer practices of an Indian multinational service firm. Semi-structured interviews were conducted with 20 key informants involved with the organization.

Findings

The company uses global teams to transfer tacit knowledge and facilitates inpatriation through an internship program that helps the firm overcome nationality requirement that restricts the movement of their managers to other countries, which in turn limits their ability to transfer knowledge in the intra-organizational setting. The company uses the services of a not-for-profit youth organization that helps recruit interns for the program and also facilitates the relationship with the Indian Government, which provides support for this initiative by reducing barriers to entry for the interns.

Originality/value

This study takes the unique approach of studying barriers to movement of professionals and a firm’s strategic response. It identifies the pressures and barriers that companies face in the global economy and highlights the role of government agencies and other stakeholders in facilitating or restricting the transfer of knowledge within a firm’s international network. The paper articulates the implications for policy and practice, and a future research agenda.

Details

Journal of Knowledge Management, vol. 24 no. 3
Type: Research Article
ISSN: 1367-3270

Keywords

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Article

Deeparghya Mukherjee

The purpose of this paper is to investigate and assess the trends of bilateral services trade in the world segmented by trade for final consumption and intermediate usage…

Abstract

Purpose

The purpose of this paper is to investigate and assess the trends of bilateral services trade in the world segmented by trade for final consumption and intermediate usage across several service sectors. The differential trends, if any, are studied while examining the role of free trade agreements which have a chapter on services trade as well as the role of services trade restrictions. The study unravels differences across service sectors in this respect.

Design/methodology/approach

The author uses an augmented gravity model to address the above using OECD- World Trade Organization (WTO) TiVA data for bilateral trade in intermediates and final products (October 2015 release) and World Bank Services Trade Restrictions Index (STRI). The poisson pseudo maximum likelihood estimation technique is used in light of the structure of the data. Trade creating and diverting effects are identified controlling for time and country-time specific effects. The following sectors are specifically looked at: total business sector services, computer and related services, financial intermediation, post and telecommunication, transport and storage, R&D and other business services, hotels and restaurants, construction, and wholesale and retail trade.

Findings

First, services free trade agreements (FTAs) have had a trade creating impact with no trade diverting impact for services trade in aggregate with stronger effects on services traded for intermediate usage. Second, financial intermediation and post and telecommunication have been left unaffected by services FTAs. While no trade diversion is concluded for any sector, R&D and other business services, transport and storage and wholesale retail trade show maximum trade creation effects in response to FTAs. Third, trade restrictions of mainly OECD countries are responsible for lowering exports for most sectors. Finally, in terms of policy implications, at a general level, the author does not find a significant difference in the author’s results for services traded for intermediate usage or final consumption except for a stronger effect of FTAs on intermediate services trade. Hence, the policies to foster services trade on both counts are concluded to be the same and deal with behind-the-border policies of domestic industrial policy reforms like national treatment of foreign firms, licensing requirements, FDI policies, etc.

Research limitations/implications

Statistics for services trade are limited. The data are only available for the years 1995, 2000, 2005, 2008, 2009, 2010 and 2011. Additionally, the conclusions on services trade restrictions are based on statistics for 2011 alone, since this is the only year for which the statistics are available. A complete time series for the entire sample period would increase robustness of the study with a better time variant version of the trade restrictiveness variable. Finally, in the construction of the OECD-WTO-TiVA database of a world IO table, there may have been approximations in constructing statistics for services traded for intermediate usage and final consumption. The results remain sensitive to the same but this is the best possible statistics available for the purposes.

Originality/value

This is the first study which looks at services trade segmented by trade for final consumption and intermediate usage taking advantage of the available data for a number of service sectors. The role of restrictions is also studied for the first time segmented by trade in intermediates and final consumption. The stronger effects of FTAs on intermediate services trade as well as financial intermediation and post and telecommunication services being insulated from effects of FTAs are important findings, especially since services are mainly thought to be traded for final consumption. Similar trends of results for services traded for intermediate usage and final consumption and restrictions affecting exports from exporter countries and imports by importer countries highlight the importance of behind-the-border domestic policies in facilitating or inhibiting services trade on both counts and more importantly for intermediate usage which, in turn, would improve goods tradability.

Details

Journal of Economic Studies, vol. 45 no. 3
Type: Research Article
ISSN: 0144-3585

Keywords

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Abstract

Details

The Global Educational Policy Environment in the Fourth Industrial Revolution
Type: Book
ISBN: 978-1-78635-044-2

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Book part

Kimberly Ochs

Migration is one of the most significant domestic, development and foreign policy issues in the world today. According to the International Organization for Migration, 1…

Abstract

Migration is one of the most significant domestic, development and foreign policy issues in the world today. According to the International Organization for Migration, 1 out of every 35 persons worldwide is an international migrant. This chapter discusses the complex issue of international teacher migration, and reports findings from empirical research conducted in the UK to illuminate the socio-cultural and economic contexts of teacher migration in both industrialized nations and in developing countries. This research, commissioned by the Commonwealth Secretariat, served to inform development of a Commonwealth Teacher Recruitment Protocol, which was adopted by 53 countries in late 2004. This chapter serves to disseminate the results of this research to a larger international audience. It also provides an analysis of the process in which educational research informs international policy development.

Details

Power, Voice and the Public Good: Schooling and Education in Global Societies
Type: Book
ISBN: 978-1-84855-185-5

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Article

Krishnendu Sen and Ritankar Sahu

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…

Abstract

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.

Details

Journal of International Trade Law and Policy, vol. 6 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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Article

Mohammad Masudur Rahman and Laila Arjuman Ara

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Practical implications

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.

Originality/value

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

Details

Journal of International Trade Law and Policy, vol. 8 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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