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Extra resources for Domestic Regulation and Service Trade Liberalization
Among the arguments raised in support of a horizontal approach are the facts that, whereas services sectors may be diverse, requirements for transparency are not and that transparency should be encouraged across all sectors, not just high-profile sectors. Horizontal disciplines also can prevent sectoral special interests from blocking progress and can allow for economy of negotiating effort and clarity of obligations. Arguments for a sectoral approach include the facts that not all service sectors are traded to the same extent and that priorities for disciplines could differ.
Given the indefiniteness of the proportionality standard, it is difficult to see this provision as strongly binding in a legal sense. 4 and for the use of international standards. ' 3 Thus one would not expect substantial judicially applied disciplines on disproportionate domestic regulation. Of course, in the area of financial services this is accentuated by the prudential carve-out. , Weiler 1991). 31 32 Domestic Regulation and Service Trade Liberalization The Understanding on FinancialServices o Finncia Serices ATS The ndertandng forms a template that some states have used for their financial services commitments.
Where such measures do not conform with the provisions of [the GATS], they shall not be used as a means of avoiding the Member's commitments or obligations under the Agreement. Once this carve-out was negotiated, it was no longer thought necessary for financial services regulators to continue to participate in Uruguay Round negotiations. However, in theory this carveout is overly broad; it leaves undisciplined certain prudential measures that may perpetuate regulatory barriers-in cases where the deadweight losses resulting from the barriers exceed the benefits of regulatory autonomy.