Services
Information communications technology: The Mauritian experience of regulation and reform
This chapter presents the evolution of the information and communications technology (ICT) sector in Mauritius and the advances made in defining clear institutional, policy, legal and regulatory frameworks which have positively influenced trade in the ICT services. The case study analyses the pre-existing conditions that facilitated competition in telecommunications thus paving the way to making ICT a key pillar for the development of the Mauritian economy through its Cyber Island Strategy. The study also reviews the prominent role played by the sector ministry and the ICT regulator in fostering widespread application of modern technologies and reporting on the ensuing economic benefits for the country.
Obstacles commerciaux à la participation des PME au commerce
La section D examine les principaux obstacles commerciaux à la participation des PME au commerce. L’une des principales conclusions de cette section est que tous les types de coûts du commerce, qu’ils soient fixes ou variables, nuisent à la capacité des PME de participer au commerce, plus que pour les grandes entreprises. Étant donné que les PME ont plus de mal que les grandes entreprises à surmonter les obstacles au commerce, elles bénéficient beaucoup plus de leur élimination. Il est donc important de comprendre quels sont ces obstacles.
Services liberalization, negotiations and regulation: Some lessons from the GATS experience
The services economy has been undergoing a major transformation over the last three decades, moving away from the old model, where services were more often than not government functions provided by public utility entities, towards a new paradigm of private, sector-led, competitive markets, where services are exchanged on a commercial basis. Accordingly, the role of governments has fundamentally changed in many activities from being the provider of the service into that of the supervisor or regulator in pursuit of public interests. Increasingly, services markets continue to be liberalized, motivated by the usual gains from competition (better quality, lower prices, wider choices, expanding markets and more job creation).
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?