The GATS: a legal perspective on crossroads of conflicting interests

Nellie Munin

World Trade Review, 2011, vol. 10, issue 3, 325-342

Abstract: The GATS was concluded among countries with conflicting interests. Although all its parties were interested in this agreement as an instrument for the enhancement of global trade in services, due balance between this interest and other interests, such as the special status of developing countries and of the sovereign right of Members for domestic regulation, formed a pre-condition for countries' adherence to it. Consequently, these interests were explicitly recognized in the agreement. Nevertheless, analyzing two recent GATS/GATT cases, US–Gambling and China–Publications and AV Products, the article suggests that the WTO adjudicating bodies might be keener to legally assist a complaining developing Member than respondents which are developing Members. It further suggests that in these cases the interests of international trade liberalization seem to prevail over domestic policy goals. The article further analyzes the current and future possible adverse implications of this approach on GATS development as the only multilateral instrument for the enhancement of international trade in services.

Date: 2011
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