The Scope of GATS and of Its Obligations

Leuven Centre for Global Governance Studies Working Paper 117

43 Pages Posted: 11 Sep 2013

See all articles by Bregt Natens

Bregt Natens

KU Leuven - Leuven Centre for Global Governance Studies

Jan Wouters

KU Leuven - Leuven Centre for Global Governance Studies

Date Written: August 1, 2013

Abstract

The GATS preamble already highlights the inevitable conflict between on the one hand achieving progressively higher levels of liberalization of trade in services in order to expand trade in services and promote growth, and on the other hand the right to introduce new regulation to meet national policy objectives. Hence, it was clear from the outset that the balance between trade liberalisation and domestic regulatory autonomy would be key in interpreting the constructively ambiguous GATS. The outcome of this exercise depends on three factors: the interpretation of (i) GATS’ overarching objectives, (ii) of the general scope of GATS and of the obligations arising from it (and the exceptions to them) and (iii) of the inherent individual flexibility of GATS. Whilst also touching on the first, this contribution mainly focuses on the second factor by addressing the scope of GATS, of its unconditional obligations, of obligations applying to sectors for which specific commitments have been scheduled and of obligations in GATS Annexes. Additionally, it provides an overview of the structure of GATS obligations. The third factor is mainly addressed throughout textboxes which provide an illustrative insight into how the European Union has used the inherent GATS flexibility to shape its obligations.

Keywords: WTO, World Trade Organization, GATS, General Agreement on Trade in Services, services, scope, obligations, governmental authority exception

Suggested Citation

Natens, Bregt and Wouters, Jan, The Scope of GATS and of Its Obligations (August 1, 2013). Leuven Centre for Global Governance Studies Working Paper 117, Available at SSRN: https://ssrn.com/abstract=2324078 or http://dx.doi.org/10.2139/ssrn.2324078

Bregt Natens

KU Leuven - Leuven Centre for Global Governance Studies ( email )

Charles Deberiotstraat 34
Leuven, B-3000
Belgium

Jan Wouters (Contact Author)

KU Leuven - Leuven Centre for Global Governance Studies ( email )

House De Dorlodot - Deberiotstraat 34
Leuven, B-3000
Belgium

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