Cardozo Journal of International and Comparative Law
Abstract
In the current global marketplace, liberalization of trade in professional services (services) presents both big challenges and profitable opportunities for the international community. Changes in technology and state-privatization polices over the past half century have made services the fastest growing sector in international trade. Despite such a transformation, the potential for further innovation and expansion in services industries is in jeopardy. In response to public-policy initiatives, regulatory concerns, and political pressures to protect domestic jobs and industries, states have adopted a plethora of discriminatory and restrictive policies against trade in services. Because existing international legal mechanisms are ill-equipped to resolve these issues, this paper proposes the formation of a unified international legal structure to address the need for more cohesive global regulation of services. This additional layer of governance is a logical next step in the evolution of lawmaking and enforcement mechanisms, as individuals are presently subject to overlapping jurisdictions at local, sub-national, and national levels. In advancing this proposal, this paper examines the evolution of U.S. federalism and its impact on trade liberalization among states, as well as the European Community's Trademark regime, to demonstrate that a harmonized legal system is the optimal framework for responding to changes in the economy and technologychallenges similar to those currently faced by services trade liberalization.
Disciplines
Banking and Finance Law | International Trade Law | Law
Recommended Citation
Amar Gupta & Deth Sao,
Harmonization of International Legal Structure for Fostering Professional Services: Lessons from Early U.S. Federal-State Relations,
18
Cardozo J. Int'l & Comp. L.
239
(2010).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol18/iss2/2