From GATT to GATS : a comparison of the regulation of trade in goods and trade in services in the World Trade Organisation

Abstract

The aim of this thesis is to examine the General Agreement on Trade in Services (the GATS), comparing and contrasting it to the General Agreement on Tariffs and Trade (the GATT). Whereas the GATS was inspired by essentially the same objectives as the GATT, the peculiarities of services trade had to be accounted for. For this reason, various of the GATS provisions are identical or very similar to their GATT equivalent, but others are completely innovative and little or no comparison to the way in which the GATT regulates trade in goods can be made. Part I is an examination of the Articles of the GATS. The first Chapter delves into the definition of a "service" and a "service supplier", and examines the four modes of supply of services which are covered by the GATS. Chapter 2 discusses the general obligations and disciplines which apply to all services whereas Chapter 3 discusses the issues which are relevant to the scheduled services, showing the relevance of domestic regulation in trade in services and examining possible tools for future negotiations. Chapter 4 introduces the reader to the Annexes attached to the GATS. Part II takes a different direction by comparing and contrasting the multilateral rules of the GATS to the more developed rules of the EC. Referring continuously to the jurisprudence of both the Dispute Settlement Body of the WTO and the ECJ, a comparison is made between the WTO non-discrimination principles, namely the most favoured-nation principle, the national treatment rule and market access to the development of the non-discrimination rules embodied in the EC Treaty. This Part also brings together the regulation of trade in goods and trade in services, in both the WTO and the EC.