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Troubled Relationships under the GATS: Tensions Between Market Access (Article XVI), National Treatment (Article XVII) and Domestic Regulation (Article VI)

  • GILLES MULLER (a1)
Abstract
Abstract

The General Agreement on Trade in Services (GATS) was adopted in order to establish meaningful liberalization rules, while preserving the right of Members to regulate. To that end, three provisions form the centerpiece of liberalization: market access (Article XVI GATS), national treatment (Article XVII GATS), and domestic regulation (Article VI GATS). Although these provisions contain different obligations, in certain conditions they can overlap. How this issue is resolved could undermine the delicate balance between liberalization and the right to regulate. As the GATS provides no guidance, the task of determining the applicable rules has been delegated to the World Trade Organization (WTO) adjudicating bodies. This paper examines how the three provisions have been interpreted, and analyzes the most applicable way to address the diversity of barriers to trade in services.

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Corresponding author
*Email: gilles.muller@law.nyu.edu.
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

L. Ehring (2002), ‘De Facto Discrimination in World Trade Law, National Treatment and Most-Favoured-Nation Treatment–or Equal Treatment?’, Journal of World Trade, 36(5): 921977.

F. Ortino (2006), ‘Treaty Interpretation and the WTO Appellate Body Report in US–Gambling: A Critique’, Journal of International Economic Law, 9(1): 117148.

J. Pauwelyn (2005) ‘Rien ne va plus? Distinguishing Domestic Regulation from Market Access in GATT and GATS’, World Trade Review, 4(2): 131170.

E. Vranes (2009), ‘The WTO and Regulatory Freedom: WTO Disciplines on Market Access, Non-Discrimination and Domestic Regulation Relating to Trade in Goods and Services’, Journal of International Economic Law, 12(4): 953987.

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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
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