Doctoral thesis
English

Standards in Trade in Services: New Forms of Regulation and the Challenges to the WTO Law

Number of pages326
Imprimatur date2023-08-31
Defense date2023-06-01
Abstract

For centuries, states were the only entities that produced norms. However, new forms of regulation that are neither hard law nor state-based, and not bound by territorial limitations, have emerged. Their impact is most profound in the financial sector, Information and Communication Technology, and Internet governance. This raises the question of how these new forms of regulation could impact WTO law: specifically, how private standards are being developed in the trade in services and how they may affect the application of the GATS and other services-related provisions. Additionally, the thesis explores to what extent WTO Members can be challenged for their possible use of such private standards as being disguised trade barriers. This thesis aims to raise awareness of the development of private standards in trade and services, and attempts to propose a new test where accountability and responsibility are attributed to States on the basis of such private standards.

Keywords
  • WTO
  • GATS
  • Private Standards
  • Soft law
Citation (ISO format)
COUTO CARNEIRO, Thiago. Standards in Trade in Services: New Forms of Regulation and the Challenges to the WTO Law. Doctoral Thesis, 2023. doi: 10.13097/archive-ouverte/unige:171205
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Creation06/09/2023 07:10:50
First validation06/09/2023 12:25:42
Update03/04/2025 16:05:04
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