GATS
GATS dispute settlement cases: practical implications for developing countries
Making use of the flexibility that exists under GATS
Authors:
; South Centre
Publisher:
South Centre, 2007
Developing countries should be aware of the implications of the WTO dispute settlement reports as they continue participating in WTO negotiations. One report is on gambling in the US and one is on telecommunications services in Mexico.
Findings in the reports have set precedents on the interpretation of various GATS articles and concepts, including:
- necessity tests
- Article XIV on General Exception
- Article IV on Increasing Participation of Developing Countries
- scheduling guidelines.
This note from the South Centre discusses the practical implications of the rulings. It is hoped that developing countries can gain considerations to proceed in their negotiations on market access, rules and domestic regulations.
The South Centre hope developing countries can draw from these lessons learned to use full knowledge with care and accuracy. This will help in making use of the flexibility that exists under the GATS, for example general exceptions.
