The Uncompleted Mission of China — Electronic Payment Services: Policy Equilibrium between Market Access and National Treatment Under the GATS

Abstract

Up to date, the existing WTO jurisprudence in services has not yet provided sufficient guideline to answer the basic questions as to the applicable GATS rules: when a domestic measure is disputed, should it be examined under Article XVI (market access), or Article XVII (national treatment), or both? And how does the sectoral inscription in the Members’ Schedule affect their obligations on market access and national treatment? In the most recent WTO dispute in services, the Panel provided its assessment over some critical issues in this regard but the attempt nevertheless appeared inadequate. It is therefore desirable to expect future jurisprudence to offer more capable response to a number of unsolved questions. Among others, the most imperative issues include first, the unequivocal and specified interpretation of the prohibited market access restrictions and second, a thorough and clear conclusion on the relationship between market access and national treatment obligations.