Introduction to Part III
In Part III of this book, a number of case studies on domestic regulation in services sectors are presented. These case studies concern the following sectors: legal services, telecommunications, information and communications technology, mobile banking, financial services, higher education, logistical services, postal services and retail food distribution.
These case studies show WTO members’ practical experiences in regulating specific services markets, including the challenges they encountered and the results achieved. The studies do not solely include services sectors in well-developed markets in WTO members. They also include experiences of developing countries, which may have limited regulatory experience and capacity when dealing with fast-developing services sectors.
Confronting WTO members’ practical experiences with the basic principles discussed in more detail in Part III of this book enables us to test the approach taken in the current negotiations, and the theoretical principles (subject to the negotiations in the Working Party on Domestic Regulation) against practical reality. This confrontation may show how the principles may function in practice, and how the current approaches in the negotiations may need to be adjusted, by taking into account practical difficulties of implementing these principles, for example, ‘single window’ applications for licences, disciplines on a horizontal rather than a sector-specific basis, the introduction of a necessity test, or the use of international standards. On the basis of this analysis, we provide a number of conclusions and suggestions for ‘ways forward’ in the final part of this book.