WTO Dispute Settlement Practice Relating to the GATS

Werner Zdouc

Journal of International Economic Law, 1999, vol. 2, issue 2, 295-346

Abstract: This paper discusses how the GATS adapts the different stages of the WTO dispute settlement procedures as foreseen by the Dispute Settlement Understanding (DSU) to trade in services. It deals with (1) bilateral and multilateral consultations, (2) causes of action in the adjudicative stage, (3) implementation and enforcement under surveillance by the DSB, and (4) special procedures for particular service sectors. It also explains the nine violation cases that were initiated between 1995 and 1998. Taking the EC-Bananas case as an example, the paper then discusses those legal issues and problems that are also likely to arise in future cases under the GATS. A discussion of the national treatment clause follows, addressing in particular the reach of de jure and de facto discrimination under the GATS, as well as the irrelevance of the 'aims and effects' of national regulation, and evidentiary problems arising in GATS dispute settlement practice. The final section deals with the reach of de jure and de facto discrimination under the GATS MFN treatment clause. Copyright 1999 by Oxford University Press.

Date: 1999
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