Trade in Service and Emigration Law
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 9 · LAIITD2N
Unit I — Legal Foundations of Trade in Services
Evolution of trade in services in international law · Introduction to WTO and the origin of GATS · Scope and structure of GATS: Preamble, Annexes, Schedules · Modes of supply under GATS (Mode 1–4) · Interface of trade in services with domestic policy-making
Unit II — Principles, Obligations and Commitments under GATS
Core principles: Most-Favoured-Nation (MFN), National Treatment, Transparency · Market access commitments and limitations · Domestic regulation: licensing, technical standards, qualification requirements · Specific commitments: Scheduling technique, limitations, horizontal vs. sectoral commitments · General exceptions and security exceptions (Articles XIV and XIV bis) · Special and differential treatment for developing countries
Unit III — Sectoral Issues and Regulatory Challenges
Key service sectors: Financial services (banking, insurance), IT & ITeS, education, health, legal, and tourism · Regulatory barriers: licensing, recognition of qualifications, professional standards · Safeguards and subsidies in services trade · Monopolies and exclusive service suppliers · Payments and transfers under GATS · Regulatory convergence and mutual recognition agreements (MRAs)
Unit IV — Dispute Settlement and India's Role
WTO Dispute Settlement Understanding (DSU) and its application to GATS · Landmark GATS-related disputes (e.g., US–Gambling, Mexico–Telecoms) · India's GATS commitments: overview and implications · India's trade policy in services: institutional framework and key policies · Role of Indian judiciary and administrative bodies in service sector regulation
Unit V — Emigration Law and Human Rights Dimensions
Concept of emigration, migration, immigration, and diaspora law · Indian legal framework: Emigration Act, 1983; Passport Act, 1967 · Role of the Ministry of External Affairs and Protector General of Emigrants (PGE) · Human rights of migrant workers: ILO Conventions, UN Migrant Workers Convention · Distinction between voluntary and involuntary migration; refugee and asylum issues · Visa regulations and legal procedures · India’s bilateral and multilateral agreements on labour migration