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WTO GATS Glossary

This Public Citizen PDF includes a great deal of useful information on GATS, for example, how schedules are written.

Troubled Relationships under the GATS: Tensions between Market Access (Article XVI), National Treatment (Article XVII), and Domestic Regulation (Article VI)

"The General Agreement on Trade in Services (GATS) was adopted in order to establish meaningful liberalization rules, while preserving the right of Members to regulate. To that end, three provisions form the centerpiece of liberalization: market access (Article XVI GATS), national treatment (Article XVII GATS), and domestic regulation (Article VI GATS). Although these provisions contain different obligations, in certain conditions they can overlap. How this issue is resolved could undermine the delicate balance between liberalization and the right to regulate. As the GATS provides no guidance, the task of determining the applicable rules has been delegated to the World Trade Organization (WTO) adjudicating bodies. This paper examines how the three provisions have been interpreted, and analyzes the most applicable way to address the diversity of barriers to trade in services."

Regional Trade Agreements and Trade in Services

Ortino, Federico, Regional Trade Agreements and Trade in Services. in BILATERAL AND REGIONAL TRADE AGREEMENTS: COMMENTARY, ANALYSIS AND CASE STUDIES, Lester & Mercurio, eds, Cambridge University Press, Forthcoming. Available at SSRN: .... Quote: "‘measures by Members’ means measures taken by central, regional or local governments and authorities as well as non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. However, GATS only requires Members to take such reasonable measures as may be available to them to secure compliance with GATS rules by sub-central and non-governmental bodies (Article I.3(a)). ‘Measures by Members affecting trade in services’ include measures in respect of (i) the purchase, payment or use of a service; (ii) the access to and use of, in connection with the supply of a service, services which are required by those Members to be offered to the public generally; (iii) the presence, including commercial presence, of persons of a Member for the supply of a service in the territory of another Member (Article XXVIII(c)). This list being indicative, the inquiry centers around the term ‘affecting’. WTO jurisprudence has interpreted broadly the term ‘affecting’. A measure affects trade in service when the measure ‘modifies the conditions of competition in supply of a service.’ In other words, GATS disciplines apply, in principle, to any measure of a Member to the extent it affects the supply of a service, regardless of whether such measure directly governs the supply of a service, or whether it regulates other matters but nevertheless affects indirectly trade in services. Furthermore, in line with GATT/WTO jurisprudence, in order to determine whether a measure ‘affects’ trade in services, there is no need to determine actual effects, rather it is enough to demonstrate a potential effect on trade".