Services
Balancing legal certainty with regulatory flexibility
The concept of legal certainty is a central element of most legal systems in the world (Maxeiner 2008: 28). It can be associated with the rule of law but variations exist concerning its exact contours and its relative importance vis-à-vis other fundamental legal principles. In particular legal certainty is often contrasted with principles of justice or rightfulness (von Arnauld 2006: 638). Indeed a formal understanding of legal certainty which focuses on issues of stability and consistency does not guarantee a fair and just outcome. More fundamentally even though legal certainty is one of the most effective safeguards against governmental and administrative arbitrariness it offers no protection against unjust or unfair laws. How can the potential for conflict between legal certainty and justice be solved?
Cooperative approaches to promoting SME participation in trade
The previous sections of this report identified the benefits that SMEs derive from participating in international trade (Section C) and the obstacles they face (Section D). This section discusses existing international cooperative approaches that directly or indirectly facilitate SMEs’ participation in trade. These include SMErelated initiatives in regional trade agreements (RTAs) in regional institutions (e.g. the African Development Bank) and in multilateral institutions (e.g. the World Bank) as well as in the WTO.
General introduction
This Note has been produced at the request of the Council for Trade in Services in the framework of the review of the Air Transport Annex which stipulates in paragraph 5 that “the Council for Trade in Services shall review periodically and at least every five years developments in the air transport sector and the operation of this Annex with a view to considering the possible further application of the Agreement in this sector”. The Secretariat has been asked by Council for Trade in Services to update document S/C/W/59 dated 5 November 1998 and document S/C/W/129 dated 15 October 1999.