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

Manchester Journal of International Economic Law, 2015

PluriCourts Research Paper No 15-01

20 Pages Posted: 5 Feb 2015 Last revised: 9 Feb 2015

Date Written: 2015

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.

Suggested Citation

Zang, Michelle Q., The Uncompleted Mission of China — Electronic Payment Services: Policy Equilibrium between Market Access and National Treatment Under the GATS (2015). Manchester Journal of International Economic Law, 2015; PluriCourts Research Paper No 15-01. Available at SSRN: https://ssrn.com/abstract=2560688

Michelle Q. Zang (Contact Author)

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

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