GATS Generally

Question 1

Case that states measures can be covered by both GATS and GATT

Answer 1

ABR, EC-Bananas III

Question 2

What does GATS apply to? (Scope)

Answer 2

Art I:1 - measures must ‘affect’ trade in services (broadly defined) - ABR, EC-Bananas III

Question 3

What are the four modes of service?

Answer 3

Mexico-Telecoms on Art I:2:

1. From one Member into another;
2. In one Member to service consumer of another Member;
3. By supplier of one Member, through commercial presence in another;
4. By supplier of one Member, through presence of natural persons in another.

Question 4

What GATS art covers publication of measures?

Answer 4

GATS Art III:1

Each Member shall publish promptly and, except in emergency situations, at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect the operation of this Agreement. International agreements pertaining to or affecting trade in services to which a Member is a signatory shall also be published.

Question 5

What obligations apply to regulations under GATS?

Answer 5

GATS Art VI: Domestic Regulation

Measures of general application must be administered in a reasonable, objective and impartial manner.