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작성자 | 국제팀 | 조회수 | 2872 | 작성일 | 2023-07-31 오후 3:38:00 |
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제목 | IBA has published an updated edition of the IBA Guide to International Trade Agreements for IBA Member Bars |
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The International Bar Association (IBA) has published an updated edition of the IBA Guide to International Trade Agreements for IBA Member Bars (IBA GATS Handbook) to reflect the significant shift that has occurred in the international trade landscape in the intervening decade since the release of the 2013 edition. This updated guide aims to further legal professionals’ understanding of the General Agreement on Trade in Services (GATS) – a treaty of the World Trade Organization (WTO) that entered into force in 1995 – and of the consequences of other free trade agreements that have been signed on a bilateral or regional basis. As with prior editions, the latest IBA GATS Handbook aims to provide practical assistance to Bars wishing to understand, and respond to, the international trade agreements signed by their respective governments of which there have been several developments, both within and outside of the WTO, that affect trade in legal services at both national and international levels. The latest edition of the IBA GATS Handbook is based on research carried out by the IBA Bar Issues Commission’s International Trade in Legal Services Committee (IBA BIC ITILS) between November 2022 and January 2023. The co-authors are Alison Hook, Co-Founder of Hook Tangaza, a legal sector research and advisory consultancy and member of the IBA Section on Professional and Public Interest advisory board; Laurel Terry, Professor of Law Emerita, Penn State Dickinson Law, and Communications Officer of the IBA Anti-Money Laundering and Sanctions Expert Subcommittee; and Jonathan Goldsmith, international legal services consultant and member of the IBA BIC Policy Committee. In 2022, the global value of the legal services sector was estimated to be close to US$1tn. If Bars are not aware of developments in trade agreements, they could miss out on helping their members access new opportunities, be ill-prepared to lobby governments on issues of fundamental importance to lawyers, and perhaps find their ability to regulate the legal profession undermined. To some degree, all countries have legal services trade. With governments signing new free trade agreements with other countries regularly, currently there are more than 356 bilateral and regional trade agreements in force involving every region of the world. Regional trading arrangements from the Africa Continental Free Trade Agreement through to the Regional Comprehensive Economic Partnership in Asia-Pacific affect every nation. Between 2021 to 2022 alone, there were 24 new notifications of agreements across the world. The newest generation of such agreements cover issues of particular interest to lawyers and Bars – from trade in legal services, international arbitration, and other forms of dispute resolution, through to international human rights and digital trade. To assist lawyers and Bars in navigating the complexity of the current international trade terrain, the updated GATS Handbook is divided into four detailed parts:
The IBA GATS Handbook also has several recommendations for Bars, including that:
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