Les techniques de libéralisation de la prestation de services sous le TTIP

Vassilis Hatzopoulos

Revue internationale de droit économique, 2016, vol. t. XXX, issue 4, 493-517

Abstract: The negotiation of the TTIP is to a large extent motivated by the desire of the Parties to further liberalise trade in services ; a task that has proven impossible in the GATS framework. To this end the TTIP, both in its dedicated ?services? part and as a whole, employs liberalising techniques taken from the GATS and other preferential agreements and from EU law itself. Indeed, the TTIP foresees an enhanced version of the principle of market access and protection of investment which it combines with a strongly structured mechanism for the adoption of new norms and rules and with an efficient and objective system of investor-state dispute resolution. Regulatory techniques such as mutual recognition, the creation of networks and the adoption of codes of conduct combine with principles and rules about fair procedure, effective administration and good regulation. On account of all the above the TTIP appears as an international trade agreement with much more far-reaching effects that the mere bilateral liberalisation of trade ; indeed, it could not only set the mechanisms for the creation of common rules and standards, but it could also deeply revolutionize the way the public administration and, even, the legislature, function within the respective Parties.

Keywords: services liberalization; regulatory techniques; preferential trade agreements; WTO; standards; mutual recognition; codes of conduct; regulatory networks; better legislation; good administration (search for similar items in EconPapers)
Date: 2016
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