The Recent Development On The Discipline Of Services Domestic Regulation And The Debate On The Necessity Test: From The Perspective Of The CPTPP, RCEP, And SDR Reference Paper

The discipline of services domestic regulation (“SDR discipline”), with a view to ensuring progressive liberalization of trade in services while also respecting the national regulatory prerogatives at the same time, addresses issues concerning the formulation, publication, and administration of SDR, and the authorization for the supply of a service. In addition to Article VI General Agreement on Trade in Services (GATS), an increasing number of international trade agreements has developed the SDR discipline with GATS-plus or GATS-extra characteristics, which helps enhance the transparency and regulatory quality of SDR, promote trade facilitation and increase the predictability and efficiency of authorization procedures for the services providers hoping to do business in foreign markets. This paper investigates the negotiating history of the SDR discipline at the multilateral, plurilateral, and regional levels, explores the evolving trends of the SDR discipline from the perspective of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Regional Comprehensive Economic Partnership (RCEP), and the Reference Paper on SDR, and addresses the debate on the necessity test surrounding the SDR discipline negotiation.