Wto Gats Agreement Pdf

Posted: October 17, 2021 in Uncategorized

Some activist groups believe that the GATS undermines the ability and authority of governments to regulate commercial activities within their own borders, the resulting in ceding power to commercial interests before the interests of citizens. In 2003, the GATSwatch network issued a critical statement supported by more than 500 organizations in 60 countries. [1] At the same time, countries are not required to conclude international agreements such as the GATS. For countries that like to attract trade and investment, the GATS adds a certain level of transparency and legal predictability. Legal barriers to trade in services may have legitimate political reasons, but they can also be an effective tool for large-scale corruption. [2] The GATS Agreement has been criticised for its tendency to replace the authority of national law and justice with that of a GATS dispute settlement body that conducts consultations behind closed doors. Spokesmen for WTO member states and the government are forced to reject such criticism because they have previously pledged to reap the perceived benefits of dominant trade principles of competition and “liberalization.” The GATS Agreement covers four types of cross-border trade services:[3] Transparency (Article III) The GATS requires the governments of WTO member states to publish all relevant measures (laws, regulations, rules, procedures, decisions and administrative measures) relating to the implementation of the Agreement. Enquiry points have been set up in the governments of WTO Member States to respond promptly to requests for information from other Member Governments. However, the schedules were only a first step in the complex process of liberalization of trade in services, and many countries continue to set restrictions and conditions for both market access and national treatment. These restrictions are set out in each country`s calendar.

The continuation of the ongoing GATS services negotiations aims to remove these restrictions and conditions. Useful tips on “how to read a GATS calendar” are available in the Introduction to the GATS (off-site link) on the WTO website. One of the most important provisions of the GATS relating to national regulations is Article VI:4, which deals with qualification requirements and procedures, technical standards and approval requirements. In order to ensure that measures taken in these three areas do not constitute unnecessary barriers to trade in services, the GATS requires that these requirements be based on objective and transparent criteria and not be “more onerous than necessary to ensure the quality of service”. The GATS provides that signatory governments may not apply licensing requirements or technical standards in a manner that nullifies or undermines their commitments under the Agreement. It also encourages the governments of the Member States to negotiate the mutual recognition of the educational qualifications of service providers. Since the entry into force of the GATS, sectoral negotiations on telecommunications and financial services have taken place. In the negotiation process on basic telecommunications services, Member States have modified their obligations and the highest-paying exemptions in order to allow foreign telecommunications service providers significant market openings. .

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