Liberalization of Trade in Banking Services
An International and European Perspective

To what extent does WTO and EU law restrict governments to determine a balance between regulation and liberalization of banking?

Bart De Meester (Author)

9781107038493, Cambridge University Press

Hardback, published 10 July 2014

407 pages
23.5 x 15.8 x 2.5 cm, 0.7 kg

'… the author has undoubtedly set an extremely high standard for future contributions in this field. Liberalisation of Trade in Banking Services provides a complete and exceptional analysis of the complex issues and challenges that have arisen as a result of trade liberalization at both EU and international level, especially in the light of the most costly financial displacement of financial history after Great Depression … the book offers an insightful analysis as well as practical policy remedies that deliver a two-dimensional and comprehensive understanding of the legal implications of free trade in financial services at both EU and international level.' Pamela Nika, Yearbook of European Law

The financial crisis struck with full force in the autumn of 2008. Very soon after the start of the crisis, culprits were sought. An important recurring argument was that liberalization of trade in banking services, as pursued at the European (within the EU) and international level (in the WTO), had seriously reduced the possibilities for governments to regulate and supervise the banking sector. This book examines the validity of this claim and considers how EU law and WTO law deal with the trade-off any policy-maker must make between stability and efficiency in the market for banking services. The book considers specifically the interaction between EU and WTO law because the EU is itself a Member of the WTO, next to its Member States. This implies that the EU must respect the obligations it undertook in the framework of the WTO when the EU determines its policy towards third-country banks.

General introduction
Part I. Policy Concerns Underlying Regulation and Liberalisation of Banking: 1. Role of banks as intermediaries
2. Regulation of the banking sector
3. Liberalisation in the banking sector
Part II. International Approach to Liberalisation of Trade in Banking Services: 4. Sources of international banking liberalisation and regulation
5. Limitations on the right of WTO members to regulate the banking sector
6. Limitations on the right of WTO members to supervise the banking sector
Part III. European Approach to International Trade in Banking Services and its Interaction with GATS: 7. Sources of EU banking law relating to third-country banks
8. Regulation of credit institutions that are subsidiaries of third-country banks
9. The supervision on credit institutions that are subsidiaries owned by a person in a third country
Conclusion.

Subject Areas: Financial law [LNP], International economic & trade law [LBBM], Law [L]