Kadimisetty Sai Sreenadh, a young law graduate from Damodaram sanjivayya national law university shares the presentation on World Trade Organization and Transportation Services which provides settlement mechanism for transport services b/w countries.

1. WORLD TRADE ORGANIZATION
AND
TRANSPORTATION SERVICES
By
KADIMISETTY SAI SREENADH
2015042
5 YEAR INTEGRATED BA.,LLB (HONS.) COURSE

2. INTRODUCTION
• Eight transportation sectors are included under GATS, only
maritime transportation service is the main focus of
negotiations.
• Firstly, it is a predominant mode of transport in the import-
export trade; and
• Secondly, Air Transportation Service is outside the purview of
GATS since the basic principle governing the Air Transport is
under Chicago Convention 1944 that conditions the right to
schedule traffic as well as requirement of prior permission to
operate an airline.

3. HISTORICAL EVOLUTION
• Origin And History Of Maritime Transport
• The US Harter Act 1893
• The Hague Rules 1924
• Hague Visby Rules
• The Hamburg Rules 1978
• UN Convention On The Multi-modal Transport Of Goods 1980
• Electronic Bill Of Lading
• UN Convention On Liability Of Operators Of Transport Terminals
• UNCITRAL Convention On The Contract Of International Carriage Of Goods
Wholly Or Partly By Sea 2008.
• Ship-owners Liability Regime

4. GATS REGIME FOR TRANSPORTATION
SERVICES
• 3.11NTERNATIONAL SHIPPING SERVICES (“FIRST PILLAR”)
• 3.2 AUXILIARY SERVICES (“SECOND PILLAR”)
• 3.3 PORT SERVICES (“THIRD PILLAR”)
• 3.4 MULTIMODAL TRANSPORT SERVICES (“FOURTH PILLAR”)
• 3.5 TRADE IN TRANSPORTATION SERVICES
• 3.6 MARKET ACCESS, MFN TREATMENT AND NATIONAL
TREATMENT PRINCIPLES
• 3.7 EMERGENCY SAFEGUARD MEASURES

5. HARMONIZATION OF GLOBAL MARITIME
REGIME
• The WTO negotiators must endeavour to bring that mandate into effect.
• Thus for every sub-sector activity, suitable linkage formulation
could be adopted, depending upon what emerges out of the
harmonization negotiation.

6. INDIA AND TRANSPORTATION SERVICES
• India played an active role in the Pre-Uruguay Round negotiations
and opposed the inclusion services in the Uruguay Round
•Maritime trade in ancient India
• maritime trade in colonial India
•Liner conferences and Indian shipping
•Maritime transport in the independent India
•Legal framework
•Negotiating position in the GATS

7. CONCLUSION
• For that the countries should, firstly identify the nature of the barriers that
exist in the transportation services sector, which is hampering the market
access for trade in transportation services, and once the barrier is identified,
then the modalities to remove/eliminate that barrier or minimize its effects
should be considered and adopted in the negotiations
• Political supremacy along with the technological developments in this
sector called for evolution of legal norms.
“SETTLEMENT IS A SENSIBLE SUGGESTION WHICH IT
IS WORTH DISCUSSING”
- MATTHIAS

8. SUGGESTIONS
• Thus, it is suggested that the port services be kept out of the negotiation
(port infrastructure development could fall under “construction and
engineering services” and not under port services connected to
transportation services).
• If this trend continues India will be continuously dependent on foreign flag
for its external trade
• The importance of making taking commitments based on comprehensive
understanding of the transport sectors and their complex inter-linkages
cannot be over emphasized. Hence the Commerce Ministry ought to study
the time and multimodal sector carefully, get into a mode of sector testing,
engage in consultation with DG shipping, Shipping Ministry, ports
authorities and port associations, shippers council, ship-owners
associations, trade unions of the maritime industry; and have a proper
assessment on the impact that it would have on the industry, keeping in
mind the national interest, before making any final GATS negotiations.
thus losing precious foreign exchange.

9. .
•THANK YOU