Article XIV GATS: General Exceptions
University of Bern - Institute of European and International Economic Law
Tilburg Law and Economics Center (TILEC); Tilburg Law School; World Trade Institute
Nicolas F. Diebold
Swiss Competition Commission, Secretariat
MAX PLANCK COMMENTARIES ON WORLD TRADE LAW, WTO - TRADE IN SERVICES, Rüdiger Wolfrum, Peter-Tobias Stoll, Clemens Feinäugle, eds., Vol. 6, pp. 287-328, Leiden/Boston: Martinus Nijhoff Publishers, 2008
This contribution aims to provide an authoritative interpretation of one of the most important GATS provisions, namely the General Exceptions provisions. Drawing parallels with relevant interpretations under the GATT and critically assessing relevant case-law under both GATT and GATS allows the authors to identify the most interesting and contentious issues under this provision and to offer their own views with regard to a series of issues that remain unsettled.
Number of Pages in PDF File: 31
Keywords: WTO, GATS, trade in services, general exceptions, necessity test, introductory clause (chapeau)Accepted Paper Series
Date posted: October 7, 2008 ; Last revised: October 24, 2010
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