International Trade in Services.pdf - DSpace at Khazar University

Legal Services: Does More Trade Rhyme with Better Justice 93
Table 3.9. A Checklist of Questions on Trade-Related Aspects of Legal Services Reform
Building professional value
1. Are programs to pursue online education, professional internships, professional
exchanges, and continuing adult education encouraged
2. Are there any obstacles to on-the-job training with different law firms
3. Do independent third-party audits of curricula and educational standards take place
4. What is the student-to-professor ratio in colleges of law, and, if it is high, are there any
efforts to reduce it
5. Do domestic colleges of law have online partnerships with law schools abroad
Facilitating crossborder supply
1. Can nonresident suppliers of legal services serve the market on a crossborder basis
2. Which fields of law are allowed or restricted as regards crossborder supply
3. Are there any restrictions on the electronic transmission of legal services by
nonestablished foreign legal service providers
4. Where and how clearly are the restrictions spelled out
5. What are the policy reasons for the restrictions (for example, ensuring knowledge of
local rules or accountability)
6. Can the policy rationale be addressed through other, less trade restrictive means (for
example, insurance liability)
Encouraging commercial presence and the movement of persons
1. Are there any nationality requirements If so, do they apply only to the practice of host
country law Are foreign firms and practitioners interested in practicing home country,
third-country (for which they have qualifications), or international law allowed to do so
in spite of the nationality requirements
2. What is the definition of home country law and is this definition unduly restrictive
3. Are foreign suppliers required to establish locally through particular legal forms If so,
which ones
4. Are there any prior residency requirements for foreign firms and practitioners What
about permanent residency requirements for foreign practitioners
5. Can foreign firms enter into partnerships with local professionals What about hiring
locally licensed professionals
6. Are there staffing requirements for the establishment of branch offices, for example,
number of partners or lawyers per office, or ratio of domestic to foreign lawyers
7. Are there restrictions on the use of international foreign firm names
8. Where and how clearly are the restrictions spelled out
9. What are the policy reasons for the restrictions (for example, ensuring knowledge of
local rules, competence, proximity, and accountability)
10. Can the policy rationale be addressed through other, less trade restrictive means (for
example, objective competency-based testing and local practice requirements,
appointment of a representative agent, or insurance liability)
11. Are there any foreign equity restrictions
12. Are there any restrictions on the movement of professional, managerial, and technical
personnel What about intracorporate transferees And contractual service suppliers
Do these restrictions apply to natural persons seeking long-term establishment or to
individuals travelling for business purposes for short periods of time
(Table continues on the following pages.)