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Journal of International Economic Law Advance Access published online on February 26, 2008
Journal of International Economic Law, doi:10.1093/jiel/jgn010
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© Oxford University Press 2008, all rights reserved

East Asian Free Trade Agreements in Services: Key Architectural Elements

Carsten Fink* and Martín Molinuevo**

*Senior Economist at the World Bank Institute. Email: cfink_de{at}yahoo.de
**Martín Molinuevo is a Research Fellow at the World Trade Institute and a Consultant to the World Bank. Email: martin.molinuevo{at}wti.org.


  Abstract

Since the mid-1990s East Asian countries have negotiated 25 free trade agreements (FTAs) with a services component. There are important architectural differences in these agreements, which ultimately affect their value in promoting transparency, fostering the credibility of trade policies, and advancing market opening in services. This article reviews key architectural choices, focusing on the approach towards scheduling commitments, the treatment of investment and the movement of natural persons, rules of origin, provisions for the settlement of trade dispute, and selected deeper integration issues. In doing so, it assesses the advantages and drawbacks of different architectural approaches and discusses a number of lessons learned.

This article is an output of a research project undertaken by the World Bank's Poverty Reduction and Economic Management Department for East Asia. The authors are grateful to Rolf Adlung, Nasser Al Zubi, Daniel Crosby, Panos Delimatsis, Felipe Hees, Christoph König, Juan Marchetti, Sébastien Miroudot, Christian Pauletto, Sebastián Sáez, Constantinos Stephanou, Carlos Gimeno Verdejo, and Mahani Zainal-Abidin for helpful comments and suggestions. The views expressed in this article are the authors’ own and do not necessarily represent those of their respective institutions.


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