The International Bar Association (IBA) has unveiled the latest edition of its Guide to International Trade Agreements for IBA Member Bars (IBA GATS Handbook), acknowledging the notable changes in the international trade landscape over the last decade since the release of the 2013 edition. This updated guide aims to provide legal professionals with insights into the General Agreement on Trade in Services (GATS), a treaty under the World Trade Organization (WTO) established in 1995, and the implications of various free trade agreements negotiated on bilateral or regional terms.
The IBA GATS Handbook serves as a practical resource for bars interested in comprehending and responding to the international trade accords entered into by their respective governments. These agreements have seen significant developments within and outside the WTO, influencing legal service trade on both domestic and international fronts.
The latest edition of the IBA GATS Handbook is the result of research conducted by the IBA Bar Issues Commission’s International Trade in Legal Services Committee (IBA BIC ITILS) from November 2022 to January 2023. The co-authors behind this update are Alison Hook, Co-Founder of Hook Tangaza, a consultancy specializing in the legal sector, and member of the IBA Section on Professional and Public Interest advisory board; Laurel Terry, Professor of Law Emerita at Penn State Dickinson Law, and Communications Officer of the IBA Anti-Money Laundering and Sanctions Expert Subcommittee; and Jonathan Goldsmith, an international legal services consultant and member of the IBA BIC Policy Committee.
Co-Author Alison Hook noted, “The latest trade agreements being negotiated are unrecognizable from the past. The most ambitious include extensive chapters on regulatory cooperation, joint policy initiatives, and cooperation in international rule-making bodies. This, along with the fact that the digital revolution is changing how cross-border trade in legal services is being done, means that Bars need to be on top of what is going on in this area or risk being side-lined.”
Mickaël Laurans, Chair of the IBA BIC ITILS Committee, emphasized the handbook’s importance, saying, “The IBA GATS Handbook has been the go-to resource for Bars and law societies having to consider the challenges of cross-border trade in legal services. Our three authors, Alison Hook, Laurel Terry, and Jonathan Goldsmith, have done us an immense service in updating the guide to reflect the realities of today’s international trade.”
The global legal services sector’s estimated value approached $1 trillion in 2022. With governments frequently entering into new free trade agreements, keeping abreast of these developments is essential for bars. Failure to do so could result in missed opportunities for their members, inadequate preparation for engaging with governments on matters crucial to lawyers, and potential challenges in regulating the legal profession.
Legal services trade is prevalent to some degree in all countries, with over 356 bilateral and regional trade agreements currently in force worldwide. Agreements such as the Africa Continental Free Trade Agreement and the Regional Comprehensive Economic Partnership in the Asia-Pacific region have far-reaching implications. In 2021-2022 alone, 24 new trade agreement notifications were made globally. These next-generation agreements encompass issues of particular relevance to lawyers and bars, including legal services trade, international arbitration, international human rights, and digital trade.
To assist legal professionals and bars in navigating the complexities of the current international trade landscape, the updated GATS Handbook is structured into four comprehensive parts:
- Part I offers a high-level policy context and an overview of key concepts related to legal services trade, along with practical advice for bars to engage with policymakers on trade in legal services issues.
- Part II outlines the international legal framework governing legal services trade for all WTO members.
- Part III addresses key scenarios bars may encounter concerning international legal services trade negotiations, providing guidance on distinct processes that may characterize these situations, including bilateral or regional trade agreements.
- Part IV summarizes the IBA’s support for its Member Bars on legal services trade matters and provides links to relevant IBA resources.
The IBA GATS Handbook also presents several recommendations for bars, including staying informed about international trade developments in their jurisdiction, engaging with governments and trade negotiators, and leveraging IBA resources for cross-border legal services issues.
While designed for all IBA Bar members, this guide may be particularly beneficial for bars in countries with less developed government-private sector communication compared to highly active trading jurisdictions and blocs, such as Australia, the United Kingdom, the United States, the Association of Southeast Asian Nations (ASEAN), European Free Trade Association (EFTA), and the European Union (EU).
The first edition of the IBA GATS Handbook was originally published in 2003 and later revised in 2013.
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