National Treatment in the GATS : Corner-Stone or Pandora's Box? / World Trade Organization.

Format:

Book

Government document

Author/Creator:

World Trade Organization.

Series:

WTO Working Papers, 25189808 ; no.1997/03.

WTO Working Papers, 25189808 ; no.1997/03

Language:

English

Subjects (All):

Economic research and trade policy analysis.

Services.

Local Subjects:

Economic research and trade policy analysis.

Services.

Physical Description:

1 online resource (36 pages).

Place of Publication:

Geneva : World Trade Organization, 1997.

System Details:

text file

Summary:

This paper is concerned with three problems in the interpretation of the national treatment obligation in the General Agreement on Trade in Services (GATS). First, the precise domain of Article XVII on national treatment has not been clearly delineated, particularly in relation to Article XVI dealing with market access. Secondly, there is a difference between the text of Article XVII and the structure of the schedules of commitments, which makes it difficult to interpret the scope of the national treatment obligation even for identical services supplied through different modes. The final, and most complex, problem arises in establishing the definition of "like" services and "like" service suppliers. Uncertainty about the precise meaning of the national treatment obligation may undermine the key GATS objective of creating a secure, predictable trading environment. Moreover, the extent of liberalization implied by the commitments under GATS depends on the precise choice of interpretation.

Access Restriction:

Restricted for use by site license.