Telecommunications and the World Trade Organization : The Case of Mexico
The U.S.-Mexico case (2002-04) was the first (and so far only) case of World Trade Organization (WTO) dispute resolution on telecommunications services and the first on services only. The findings of the Panel charged with settling the dispute contain interpretations of the General Agreement on Trad...
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| Format: | Policy Research Working Paper |
| Language: | English |
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World Bank, Washington, DC
2012
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| Online Access: | http://documents.worldbank.org/curated/en/2005/11/6360814/telecommunications-world-trade-organization-case-mexico http://hdl.handle.net/10986/8479 |
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okr-10986-84792021-04-23T14:02:43Z Telecommunications and the World Trade Organization : The Case of Mexico Wellenius, Björn Galarza, Juan Guermazi, Boutheina ANTI-COMPETITIVE PRACTICES BARRIERS TO ENTRY BENCHMARK CARTEL COMMERCIAL PRESENCE COMMUNICATION SERVICES COMMUNICATION TECHNOLOGY COMPETITION LAW COMPETITION POLICY COMPETITIVE MARKETS COMPETITIVE PRACTICES COMPETITIVENESS CONSUMPTION ABROAD CROSS-BORDER DELIVERY CROSS-BORDER SUPPLY DATA TRANSMISSION DEVELOPMENT STRATEGIES DOHA DEVELOPMENT AGENDA DOMESTIC REGULATION E-COMMERCE ECONOMIC FEASIBILITY ECONOMIC RESEARCH ENERGY SERVICES FEDERAL COMMUNICATIONS LAW FINANCIAL SERVICES FIXED NETWORKS FOREIGN BANKS FOREIGN INVESTMENT FOREIGN PROVIDERS FOREIGN SERVICE PROVIDERS FOREIGN SERVICE SUPPLIERS FOREIGN SUPPLIERS FREE TRADE GATS GATS RULES GLOBAL TRADE INSURANCE COMPANIES INTELLECTUAL PROPERTY INTERNATIONAL CALLS INTERNATIONAL TRADE INTERNET SERVICE PROVIDERS ISP LEASED LINES LICENSING LINES MARKET ACCESS MARKET ACCESS COMMITMENTS MERGERS MFN MFN EXEMPTIONS MIDDLE EAST MODES OF SUPPLY MULTILATERAL RULES MULTILATERAL TRADE NATIONAL TREATMENT NETWORK DEVELOPMENT NORTH AFRICA OPEN MARKETS POLITICAL WILL POSTAL OPERATORS PREDATORY PRICING PRESENCE OF NATURAL PERSONS PROGRAMS PROPERTY RIGHTS PUBLIC TELECOMMUNICATIONS RADIO REGULATORY FRAMEWORK REGULATORY PRINCIPLES SERVICE PROVIDER SERVICE PROVIDERS SERVICE SECTORS SERVICE SUPPLIER SERVICE SUPPLIERS SERVICES INDUSTRIES SERVICES SECTORS TELECOM SECTOR TELECOMMUNICATION TELECOMMUNICATION SERVICES TELECOMMUNICATIONS TELECOMMUNICATIONS COMPANIES TELECOMMUNICATIONS LAW TELECOMMUNICATIONS LIBERALIZATION TELECOMMUNICATIONS MARKETS TELECOMMUNICATIONS NETWORKS TELECOMMUNICATIONS POLICY TELECOMMUNICATIONS REFORM TELECOMMUNICATIONS REFORMS TELECOMMUNICATIONS SECTOR TELECOMMUNICATIONS SERVICES TELECOMMUNICATIONS SERVICES MARKET TELEPHONE SERVICE TELEPHONES TEXT TRADE IN SERVICES TRADE LIBERALIZATION TRADE NEGOTIATIONS TRANSPORT SERVICES UNDERLYING PROBLEMS UNIVERSAL SERVICE URUGUAY ROUND VOICE TELEPHONY WORLD TRADE ORGANIZATION WTO The U.S.-Mexico case (2002-04) was the first (and so far only) case of World Trade Organization (WTO) dispute resolution on telecommunications services and the first on services only. The findings of the Panel charged with settling the dispute contain interpretations of the General Agreement on Trade in Services (GATS), especially its Annex on Telecommunications and the Reference Paper that sets regulatory principles. Although these interpretations strictly apply only to the case examined, they have implications for other countries and sectors and beyond trade law. The following are some of the findings. Telecommunications services originated in one country and terminated in another country are cross-border services under the GATS irrespective of whether the same service provider is present in both countries. The accounting rate regime, whereby operators share revenue from international services provided jointly, is subject to the discipline of cost-based interconnection for countries that have adopted the Reference Paper. Uniform settlement rates and proportional return are anticompetitive practices under the Reference Paper even when they are mandated by law. The lack of implementing regulations does not excuse the country from meeting its commitments under the GATS. Mexico and the United States, although not in full agreement with the Panel, did not appeal. An agreed plan to address the underlying legal and regulatory issues was successfully implemented in July 2005. 2012-06-19T20:10:21Z 2012-06-19T20:10:21Z 2005-11 http://documents.worldbank.org/curated/en/2005/11/6360814/telecommunications-world-trade-organization-case-mexico http://hdl.handle.net/10986/8479 English Policy Research Working Paper; No. 3759 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Policy Research Working Paper Publications & Research Latin America & Caribbean United States |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English |
| topic |
ANTI-COMPETITIVE PRACTICES BARRIERS TO ENTRY BENCHMARK CARTEL COMMERCIAL PRESENCE COMMUNICATION SERVICES COMMUNICATION TECHNOLOGY COMPETITION LAW COMPETITION POLICY COMPETITIVE MARKETS COMPETITIVE PRACTICES COMPETITIVENESS CONSUMPTION ABROAD CROSS-BORDER DELIVERY CROSS-BORDER SUPPLY DATA TRANSMISSION DEVELOPMENT STRATEGIES DOHA DEVELOPMENT AGENDA DOMESTIC REGULATION E-COMMERCE ECONOMIC FEASIBILITY ECONOMIC RESEARCH ENERGY SERVICES FEDERAL COMMUNICATIONS LAW FINANCIAL SERVICES FIXED NETWORKS FOREIGN BANKS FOREIGN INVESTMENT FOREIGN PROVIDERS FOREIGN SERVICE PROVIDERS FOREIGN SERVICE SUPPLIERS FOREIGN SUPPLIERS FREE TRADE GATS GATS RULES GLOBAL TRADE INSURANCE COMPANIES INTELLECTUAL PROPERTY INTERNATIONAL CALLS INTERNATIONAL TRADE INTERNET SERVICE PROVIDERS ISP LEASED LINES LICENSING LINES MARKET ACCESS MARKET ACCESS COMMITMENTS MERGERS MFN MFN EXEMPTIONS MIDDLE EAST MODES OF SUPPLY MULTILATERAL RULES MULTILATERAL TRADE NATIONAL TREATMENT NETWORK DEVELOPMENT NORTH AFRICA OPEN MARKETS POLITICAL WILL POSTAL OPERATORS PREDATORY PRICING PRESENCE OF NATURAL PERSONS PROGRAMS PROPERTY RIGHTS PUBLIC TELECOMMUNICATIONS RADIO REGULATORY FRAMEWORK REGULATORY PRINCIPLES SERVICE PROVIDER SERVICE PROVIDERS SERVICE SECTORS SERVICE SUPPLIER SERVICE SUPPLIERS SERVICES INDUSTRIES SERVICES SECTORS TELECOM SECTOR TELECOMMUNICATION TELECOMMUNICATION SERVICES TELECOMMUNICATIONS TELECOMMUNICATIONS COMPANIES TELECOMMUNICATIONS LAW TELECOMMUNICATIONS LIBERALIZATION TELECOMMUNICATIONS MARKETS TELECOMMUNICATIONS NETWORKS TELECOMMUNICATIONS POLICY TELECOMMUNICATIONS REFORM TELECOMMUNICATIONS REFORMS TELECOMMUNICATIONS SECTOR TELECOMMUNICATIONS SERVICES TELECOMMUNICATIONS SERVICES MARKET TELEPHONE SERVICE TELEPHONES TEXT TRADE IN SERVICES TRADE LIBERALIZATION TRADE NEGOTIATIONS TRANSPORT SERVICES UNDERLYING PROBLEMS UNIVERSAL SERVICE URUGUAY ROUND VOICE TELEPHONY WORLD TRADE ORGANIZATION WTO |
| spellingShingle |
ANTI-COMPETITIVE PRACTICES BARRIERS TO ENTRY BENCHMARK CARTEL COMMERCIAL PRESENCE COMMUNICATION SERVICES COMMUNICATION TECHNOLOGY COMPETITION LAW COMPETITION POLICY COMPETITIVE MARKETS COMPETITIVE PRACTICES COMPETITIVENESS CONSUMPTION ABROAD CROSS-BORDER DELIVERY CROSS-BORDER SUPPLY DATA TRANSMISSION DEVELOPMENT STRATEGIES DOHA DEVELOPMENT AGENDA DOMESTIC REGULATION E-COMMERCE ECONOMIC FEASIBILITY ECONOMIC RESEARCH ENERGY SERVICES FEDERAL COMMUNICATIONS LAW FINANCIAL SERVICES FIXED NETWORKS FOREIGN BANKS FOREIGN INVESTMENT FOREIGN PROVIDERS FOREIGN SERVICE PROVIDERS FOREIGN SERVICE SUPPLIERS FOREIGN SUPPLIERS FREE TRADE GATS GATS RULES GLOBAL TRADE INSURANCE COMPANIES INTELLECTUAL PROPERTY INTERNATIONAL CALLS INTERNATIONAL TRADE INTERNET SERVICE PROVIDERS ISP LEASED LINES LICENSING LINES MARKET ACCESS MARKET ACCESS COMMITMENTS MERGERS MFN MFN EXEMPTIONS MIDDLE EAST MODES OF SUPPLY MULTILATERAL RULES MULTILATERAL TRADE NATIONAL TREATMENT NETWORK DEVELOPMENT NORTH AFRICA OPEN MARKETS POLITICAL WILL POSTAL OPERATORS PREDATORY PRICING PRESENCE OF NATURAL PERSONS PROGRAMS PROPERTY RIGHTS PUBLIC TELECOMMUNICATIONS RADIO REGULATORY FRAMEWORK REGULATORY PRINCIPLES SERVICE PROVIDER SERVICE PROVIDERS SERVICE SECTORS SERVICE SUPPLIER SERVICE SUPPLIERS SERVICES INDUSTRIES SERVICES SECTORS TELECOM SECTOR TELECOMMUNICATION TELECOMMUNICATION SERVICES TELECOMMUNICATIONS TELECOMMUNICATIONS COMPANIES TELECOMMUNICATIONS LAW TELECOMMUNICATIONS LIBERALIZATION TELECOMMUNICATIONS MARKETS TELECOMMUNICATIONS NETWORKS TELECOMMUNICATIONS POLICY TELECOMMUNICATIONS REFORM TELECOMMUNICATIONS REFORMS TELECOMMUNICATIONS SECTOR TELECOMMUNICATIONS SERVICES TELECOMMUNICATIONS SERVICES MARKET TELEPHONE SERVICE TELEPHONES TEXT TRADE IN SERVICES TRADE LIBERALIZATION TRADE NEGOTIATIONS TRANSPORT SERVICES UNDERLYING PROBLEMS UNIVERSAL SERVICE URUGUAY ROUND VOICE TELEPHONY WORLD TRADE ORGANIZATION WTO Wellenius, Björn Galarza, Juan Guermazi, Boutheina Telecommunications and the World Trade Organization : The Case of Mexico |
| geographic_facet |
Latin America & Caribbean United States |
| relation |
Policy Research Working Paper; No. 3759 |
| description |
The U.S.-Mexico case (2002-04) was the first (and so far only) case of World Trade Organization (WTO) dispute resolution on telecommunications services and the first on services only. The findings of the Panel charged with settling the dispute contain interpretations of the General Agreement on Trade in Services (GATS), especially its Annex on Telecommunications and the Reference Paper that sets regulatory principles. Although these interpretations strictly apply only to the case examined, they have implications for other countries and sectors and beyond trade law. The following are some of the findings. Telecommunications services originated in one country and terminated in another country are cross-border services under the GATS irrespective of whether the same service provider is present in both countries. The accounting rate regime, whereby operators share revenue from international services provided jointly, is subject to the discipline of cost-based interconnection for countries that have adopted the Reference Paper. Uniform settlement rates and proportional return are anticompetitive practices under the Reference Paper even when they are mandated by law. The lack of implementing regulations does not excuse the country from meeting its commitments under the GATS. Mexico and the United States, although not in full agreement with the Panel, did not appeal. An agreed plan to address the underlying legal and regulatory issues was successfully implemented in July 2005. |
| format |
Publications & Research :: Policy Research Working Paper |
| author |
Wellenius, Björn Galarza, Juan Guermazi, Boutheina |
| author_facet |
Wellenius, Björn Galarza, Juan Guermazi, Boutheina |
| author_sort |
Wellenius, Björn |
| title |
Telecommunications and the World Trade Organization : The Case of Mexico |
| title_short |
Telecommunications and the World Trade Organization : The Case of Mexico |
| title_full |
Telecommunications and the World Trade Organization : The Case of Mexico |
| title_fullStr |
Telecommunications and the World Trade Organization : The Case of Mexico |
| title_full_unstemmed |
Telecommunications and the World Trade Organization : The Case of Mexico |
| title_sort |
telecommunications and the world trade organization : the case of mexico |
| publisher |
World Bank, Washington, DC |
| publishDate |
2012 |
| url |
http://documents.worldbank.org/curated/en/2005/11/6360814/telecommunications-world-trade-organization-case-mexico http://hdl.handle.net/10986/8479 |
| _version_ |
1764407916877578240 |