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Le droit à l’enseignement supérieur et la libéralisation internationale du commerce des services

Abstract : Since the Word Trade Organization (WTO) Agreements have entered into force on 1st January 1995, higher education forms part of the services subjected to international trade regulations, more specifically to the General Agreement on Trade in Services (GATS). Legal academia has paid little attention to the fact that higher education was now subjected to WTO regulations. However, international civil society has strongly reacted to this “commodification” of education, highlighting the risks associated with deregulation and privatisation which would potentially result from the GATS. The book gives a legal perspective of this highly controversial issue. Accordingly, the provisions of the highly technical General Agreement on Trade in Services and the commitments of each WTO Member in the liberalisation of higher education are analysed. Moreover, the legal and practical impacts of the application of the Agreement to education are explained. Furthermore, the liberalisation of higher education is compared to the enforcement of the right to education as guaranteed by different human rights conventions. Therefore, the compatibility and contradictions between these two distinct sources of international law, promoting international trade and the protection of human rights respectively, have been examined. The liberalisation of trade in services consolidates some aspects of the right to education by promoting education freedom, non-discriminatory funding for the institutions and recognition of qualifications. However, international competition in the higher education sector, amplified by the GATS, influences national educational policies regarding matters of quality, tuition fees or attractiveness. This competition hinders the implementation of a right to equal access to high-quality higher education, potentially encouraging the development of a multi-tier education system. This thesis provides a precise and reasoned contribution to the broader academic debate on the link between WTO law and human rights law, and further on the link between trade and non-trade related concerns.
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Contributor : Sophie Grosbon <>
Submitted on : Thursday, July 19, 2018 - 2:45:59 PM
Last modification on : Tuesday, November 19, 2019 - 9:51:55 AM


  • HAL Id : hal-01844560, version 1


Sophie Grosbon. Le droit à l’enseignement supérieur et la libéralisation internationale du commerce des services. Bruylant, 2010, 978-2-8027-2835-1. ⟨hal-01844560⟩



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