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Preface=V

Bibliography=XI

Abbreviations=XVII

Figures and tables=XIX

Chapter I. IT services, telecommunications and new media in a converging era=1

1. Overview of services in the information economy=2

2. Overview of the WTO legal framework=3

2.1. Notion of "services"=3

2.2. Modes of services supply=5

2.3. Disciplines=6

2.4. General limitations of liberalization=8

a) Domestic regulation=8

b) Exceptions=9

2.5. Preferential trade agreements=10

3. Challenges for policy makers/regulators and trade negotiators=13

3.1. Outdated classifications=13

3.2. Teleological interpretation of classification terms=14

3.3. Likeness aspects=15

3.4. Interim conclusion=16

Chapter II. Overview of services classifications and the role of services classifications=17

1. Available classification regimes=17

1.1. W/120=17

1.2. CPC=17

1.3. OECD=21

1.4. MSITS=22

1.5. EBOPS=23

1.6. BPM6=24

1.7. SNA=25

1.8. ISIC=26

1.9. Interim assessment=29

2. Definition of service, supply of service, service suppliers, service consumer, services classification=29

2.1. Service=29

2.2. Supply of service=33

2.3. Service suppliers=36

2.4. Service consumer=36

2.5. Services classification=36

2.6. Digital products=37

3. WTO classifications as foundation and later development of other classifications=38

3.1. Sectoral Classification List(W/120)=38

3.2. Central Product Classification(CPC)=38

3.3. Classifications in new PTAs=38

3.4. Other classifications=40

4. Methodology for services classification from different points of view=43

4.1. Basic principles of methodology=43

4.2. Classification for statistical and market/industry planning purposes=45

4.3. Policy- and rulemaking=46

4.4. Trade in services negotiations=49

Chapter III. ICT services classification=51

1. Computer and communications services in general=51

2. IT(computer-related) services classification=54

2.1. Factual background=54

2.2. Ongoing discussions=55

2.3. Possible alternatives in the era of technological convergence=57

2.4. Interim assessment=60

3. Telecommunications services classification=61

3.1. Legal framework=61

a) Annex on Telecommunications=61

b) Agreement on Basic Telecommunications=64

c) The Reference Paper=65

3.2. Particular characteristics of telecommunications services classification=67

3.3. Outdated telecommunications services classification=73

a) Basic versus value-added telecommunications services=73

b) Blurring of horizontal sectoral boundaries=74

c) Technological neutrality=75

3.4. New and emerging regulatory issues related to telecommunications services=77

4. Audiovisual services classification=81

4.1. Audiovisual services : The current state of affairs=82

4.2. Audiovisual services : Evolution of the classification negotiations=87

a) At the multilateral level=87

b) Developments in PTAs=90

5. Methodology for classification in overlapping areas=91

5.1. Basic methodologies in case of services with overlapping classifications=91

a) Introduction=91

b) General elements of a methodological approach=92

c) Assessment of existing documentations=94

5.2. Country case studies=96

a) The European Union=96

b) The United States=103

c) China=108

5.3. Case studies of specific issues=115

a) Social networks=115

b) Internet telephony=119

c) Video-on-demand=121

Chapter IV. Conclusions=125

1. Methodological and conceptual issues=125

2. Problems with not flexible GATS classifications=126

3. Elements of choice in making classifications decisions=126

Appendix : Justification of trade restricting rules(Article XIV GATS)=129

A. Contents of Article XIV GATS=129

B. Public interest justifications=130

1. Public morals and public order=131

2. GATS consistent laws=132

C. General requirements=133

1. Necessity test=133

2. Chapeau of Article XIV GATS=134

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출판사 책소개

알라딘제공

The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.



New feature

The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements.