Law Commons^™

The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry

Laurel S. Terry

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry

Laurel S. Terry

This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Globalization In Financial Services - What Role For Gats?, Chantal Thomas

Chantal Thomas

No abstract provided.

Transnational Legal Practice [2014], Laurel S. Terry, Carole Silver

Laurel S. Terry

The Evolving And Multilayered European Union-India Investment Relations - Regulatory Issues And Policy Conjectures, Julien Chaisse

Julien Chaisse

India and several EU member countries share a rich history of investment collaborations. The collaboration has been cemented with several formal agreements with individual EU members, and the recent negotiations with the trade bloc since June 2007 on a broad-based Bilateral Trade and Investment Agreement (BTIA) can be considered as a culmination of this process while ongoing WTO negotiations on Mode 3 commitments remain essential in terms of market opening. The present article analyzes the multi-layered regulation of foreign investment against the backdrop of the evolving EU-India economic relations. It does not only address current PTA negotiations but also the …

The Depth Of The Trade In Services Agreement, Harold Godsoe

Harold Godsoe

The setting against which plurilateral negotiations toward a new Trade in Services Agreement (TISA) are taking place is frustration. Service liberalization from GATS to bilateral PTAs to the Doha round have proven difficult and/or ineffective. The glaring and unexamined question is: why? This paper examines the current trade literature for what is known about TISA to date and subjects that information to a feasibility analysis for trade in service agreements. My goal is to understand what went wrong in previous attempts to liberalize services and/or trade and, consequently, what might being going wrong in TISA, and how it might be …

Legal Services In The United States, Laurel S. Terry, Erica Moeser

Laurel S. Terry

The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry

Laurel S. Terry

Sovereign Wealth Funds In The Making - Assessing The Economic Feasibility And Regulatory Strategies, Julien Chaisse

Julien Chaisse

The recent emergence of SWFs as active and important players in international financial markets has raised a host of questions about their likely effect on markets and states. This trend is further reinforced in 2010/2011 by the fact that despite the fears and turbulences that spread all over the world in reason of the global economic and financial crisis, SWFs have blatantly retained their influence. SWFs create a regulatory and theoretical challenge because they serve two masters with very different agendas. This article is the first to explore the challenges governments face when they wish to set up a SWF. …

Legal Nature Of The Traded Units Under The Emissions Trading Systems And Its Implication To The Relationship Between Emissions Trading And The Wto, Wen-Chen Shih Dr

Wen-chen Shih Dr

With regard to the relationship between emissions trading and the WTO, most existing literature focuses on the emissions trading system under the Kyoto Protocol without analysing existing or forthcoming domestic or regional emissions trading systems. Furthermore, these analyses also did not differentiate between different types of emissions trading systems, in particular the possible different legal nature of various types of the ‘units’ that are being traded under different types of emissions trading system. Is this an over-simplified approach in terms of analysing the relationship between emissions trading and the WTO? This is the main research question of this article. By …

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel S. Terry

Laurel S. Terry

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and …

Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen

Laurel S. Terry

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …

The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry

Laurel S. Terry

In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …

The Gats And Legal Services In Limerick, Laurel S. Terry

Laurel S. Terry

One of the most significant regulatory developments for legal services is their inclusion in the 1994 General Agreement on Trade in Services or GATS. The GATS was the first world trade agreement to cover services rather than goods and it applies to legal services. The GATS in Limerick is a light-hearted but nonetheless serious effort to address the most important legal services-related GATS developments in the last twelve years. These verses cover the basic principles of the GATS, the ongoing market access negotiations and the efforts to develop disciplines on domestic regulation.

Materials Submitted To The Technical Subgroup (Tsg) Of The Expert Group On International Economic And Social Classifications, Laurel S. Terry

Laurel S. Terry

This document is a collection of materials showing the different kinds of legal services classification systems. This material was presented to a United Nations committee studying classification issues. Laurel Terry appeared on behalf of the International Bar Association's GATS Task Force.

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Laurel S. Terry

This article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. GATS Article VI:4 requires Member States to develop "any necessary disciplines." WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) (and other non-governmental organizations) a "consultation letter" requesting the IBA's views about changes it would like to see in the WTO Accountancy Disciplines. The IBA responded to the WTO consultation with the May 2003 IBA GATS …

But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Laurel S. Terry

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Written in 2001, this essay asks: should the World Trade Organization (WTO) classify electronic transmissions as a service, and thus tariff-free under the General Agreement on Trade in Services (GATS), or should the WTO classify electronic transmissions as a good, and thus subject to tariffs under the General Agreement on Trade (GATT)?

First, for the sake of legal certainty, the WTO should take the appropriate steps to definitively classify electronic transmissions as a service and classify them as not tariff liable. Not tariff liable means a good is not subject to custom duties. Electronic transmission refers to "digitalized information transmitted …

Trade In Electronic Commerce Services Under The Wto: The Need To Clearly Classify Electronic Transmissions As Services And Not Tariff-Liable, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Written in 2001, this essay asks: should the World Trade Organization (WTO) classify electronic transmissions as a service, and thus tariff-free under the General Agreement on Trade in Services (GATS), or should the WTO classify electronic transmissions as a good, and thus subject to tariffs under the General Agreement on Trade (GATT)?

First, for the sake of legal certainty, the WTO should take the appropriate steps to definitively classify electronic transmissions as a service and classify them as not tariff liable. Not tariff liable means a good is not subject to custom duties. Electronic transmission refers to "digitalized information transmitted …

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel S. Terry

Laurel S. Terry

This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …

Part 2: An Introduction To The European Community's Legal Ethics Code Part Ii: Applying The Ccbe Code Of Conduct, Laurel S. Terry

Laurel S. Terry

An Introduction To The European Community's Legal Ethics Code Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel S. Terry

Laurel S. Terry