Cross-Border Banking

Der aktuelle Band der Reihe «Schweizerische Bankrechtstagung», befasst sich vertieft mit dem Thema des «Cross-Border Banking». Im Zentrum der Tagung vom Februar 2009 in Bern standen dabei weniger die Politik als vielmehr das Recht und praktische Fragen, die sich im Zusammenhang mit dem grenzüberschreitenden Bankverkehr stellen. Die Themen: Amtshilfe und Rechtshilfe – Neue Entwicklungen, Euro-Zahlungen gemäss den SEPA-Rulebooks (insbesondere die Haftung der Banken), Rechtliche Risiken im grenzüberschreitenden Verkehr, Aufsicht über international tätige Finanzgruppen – Konsequenzen für die Bank, Praktische Fragen der Vorort-Kontrolle, Die Standards zur Aufhebung des Bankgeheimnisses, Die Verletzung des Bankgeheimnisses – Individual- und Unternehmensstrafrecht.

Transnational Migration and Cross-border Mobility in the Serbian-Hungarian Border Region

The study is aiming to present migrant groups in the Serbian-Hungarian border region which are playing a role in forming transnational migration, ransnational networks and transnational spaces. Transnational migrants are using material, cultural, social and symbolical capital in various forms. The everyday activities of the people as well as their mobility, emotional attachments, and economic relationships have contributed to a transnational region the cross-border contacts in the last century were always present, even in spite of political and historical changes, only their intensity, political charge and tension has been changing. The asymmetries defining the border region has been reflected in different directions, places, time and in different volume. In this specially built and constantly reorganising scope, people who were living their everyday life have tried to use the differences for their benefit, and to improve their possibilities. With their transnational lifestyles and cross-border networks, they substantially contribute to the stability and prosperity of the cross-border region.

Legal Framework for Cross-Regional Networks: The Case of Services and Migration

Paper prepared by Marion Panizzon and Charlotte Sieber-Gasser for the International Conference on the Political Economy of Liberalising Trade in Services, Hebrew University of Jerusalem, 14-15 June 2010 Recent literature has shed light on the economic potential of cross-border networks. These networks, consisting of expatriates and their acquaintances from abroad and at home, provide the basis for the creation of cross-border value added chains and therewith the means for turning brain drain into brain circulation. Both aspects are potentially valuable for economic growth in the developing world. Unilateral co-development policies operating through co-funding of expatriate business ventures, but also bilateral agreements liberalising circular migration for a limited set of per-sons testify to the increasing awareness of governments about the potential, which expatriate networks hold for economic growth in developing countries. Whereas such punctual efforts are valuable, viewed from a long term perspective, these top-down, government mandated Diaspora stimulation programs, will not replace, this paper argues, the market-driven liberalisation of infrastructure and other services in developing countries. Nor will they carry, in the case of circular labour migration, the political momentum to liberalise labour market admission for those non-nationals, who will eventually emerge as the future transnational entrepreneurs. It will take a combination of mode 4 and infrastructure services openings-cum regulation for countries at both sides of the spectrum to provide the basis and precondition for transnational business and entrepreneurial networks to emerge and translate into cross-border, value added production chains. Two key issues are of particular relevance in this context: (i) the services sector, especially in infrastructure, tends to suffer from inefficiencies, particularly in developing countries, and (ii) labour migration, a highly complex issue, still faces disproportionately rigid barriers despite well-documented global welfare gains. Both are hindrances for emerging markets to fully take advantage of the potential of these cross-border networks. Adapting the legal framework for enhancing the regulatory and institutional frameworks for services trade, especially in infrastructure services sectors (ISS) and labour migration could provide the incentives necessary for brain circulation and strengthen cross-border value added chains by lowering transaction costs. This paper analyses the shortfalls of the global legal framework – the shallow status quo of GATS commitments in ISS and mode 4 particular – in relation to stimulating brain circulation and the creation of cross-border value added chains in emerging markets. It highlights the necessity of adapting the legal framework, both on the global and the regional level, to stimulate broader and wider market access in the four key ISS sectors (telecommunications, transport, professional and financial services) in developing countries, as domestic supply capacity, global competitiveness and economic diversification in ISS sectors are necessary for mobilising expatriate re-turns, both physical and virtual. The paper argues that industrialised, labour receiving countries need to offer mode 4 market access to wider categories of persons, especially to students, graduate trainees and young professionals from abroad. Further-more, free trade in semi-finished products and mode 4 market access are crucial for the creation of cross-border value added chains across the developing world. Finally, the paper discusses on the basis of a case study on Jordan why the key features of trade agreements, which promote circular migration and the creation of cross-border value added chains, consist of trade liberalisation in services and liberal migration policies.

The Role of Goods Trade Networks for Services Trade Volume

In this paper, we address the role of countries’ goods-trade networks for their services-trade volume. The paper employs a large cross section of bilateral trade data on aggregate cross-border goods and services sales and illustrates that the depth and overlap of two countries’ services networks induce a positive direct impact on their services-trade volume. The evidence takes into account that goods trade flows and networks are potentially endogenous so that the estimated direct effects support a causal interpretation. We find that the magnitude of the multilateral goods-trade network effect on the bilateral services-trade volume is much larger than that of bilateral goods-trade volume.

Modes of Supply for US Exports of Services

We examine the choice of modes of delivery in services based on US data, including both cross-border exports and sales through foreign affiliates. We focus on characteristics of destination markets and how this impacts on mode choice. We find that market size, distance and policy all play a role in where firms establish, and in how many markets firms enter. The importance of sales through affiliates relative to total foreign sales also depends on factors like market size, geographic and economic distance and the policy regime in place. Precisely, how important these factors are depends on the sector in question.

Trade Policy, Investment and Migration: The Liberalisation Paradigm

Presentation by Thomas Cottier & Charlotte Sieber-Gasser prepared for the Markets for Migration and Development (M4MD) Conference, Bern, 13-15 September 2011. This presentation is part of Session 1 "Why Trade, Development and Migration?" of the M4MD conference, which was one of the thematic meetings held in the context of the 2011 Global Forum on Migration and Development (GFMD) chaired by Switzerland. Session 1 seeked to understand to what extent international trade and foreign direct investment drives migration and why states find it more difficult to liberalise the trans‐boundary movement of persons than to liberalise cross‐border trade in goods and services. One discussed aspect was why globalisation, trade liberalisation and FDI can lead not only to more, but also to less migration and what the corresponding effects on development would be. This Session provided a timely opportunity to broaden the perspective on international migration and explore the interaction between migration, development and trade policymaking.

WTO law issues of emissions trading

Based on existing research in the interface of emissions trading schemes (ETSs) and WTO law, the paper looks more closely at the design elements of an ETS that are most vulnerable to a WTO challenge, including border adjustment on importation and exportation, recycling of revenues and cross-border linking. The analysis of WTO consistency of various ETS regulatory components reveals significant legal uncertainty. One explanation is that an ETS is not yet fully established as a regulatory tool. It does not have a fixed design and its design elements vary significantly with a scheme. Moreover, ETS-related issues have never been raised in WTO disputes. This makes it hard to predict with confidence the outcome of scrutiny of an ETS by a WTO adjudicative body. In this respect, the availability of environmental and/or health exceptions for justification of ETS-related measures is of great importance.