The free trade agreement of the Americas and legal services : using the European Union experience to shape future liberalization

This paper critically analyzes the extent to which a proposed Free Trade Agreement of the Americas should allow for the liberalization of legal services. First, it analyzes the current framework of legal services regulation in three FTAA countries. Next, it looks at the current international institutional framework in the region's two most important free trade agreements: NAFTA and MERCOSUR. In looking to where trade liberalization can lead in its most advanced form the EU is the world standard bearer. Therefore, the work next presents the European experience of legal services liberalization and the resulting benefits and detriments. Chapter VI analyzes the current FTAA proposals on the negotiating table. Finally, Chapter VII presents a model proposal for FTAA expansion: one that should follow the example of the EU in certain provisions such as international bar recognition, but diverge from the EU on the most far-reaching issues.