Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-10T20:31:56.853Z Has data issue: false hasContentIssue false

12 - Specificities of WTO dispute settlement in services cases

from PART 4 - GATS case law: A first assessment

Published online by Cambridge University Press:  03 September 2009

By
William J. Davey
Edited by
Marion Panizzon ,
Nicole Pohl  and
Pierre Sauvé
Marion Panizzon
Affiliation:
Universität Bern, Switzerland
Nicole Pohl
Affiliation:
Universität Bern, Switzerland
Pierre Sauvé
Affiliation:
London School of Economics and Political Science, Universität Bern, Switzerland
Get access

Summary

This chapter considers the overall record of GATS claims in WTO dispute settlement. Part I examines the GATS-specific rules of the WTO dispute settlement and the role they have (or have not) played to date in the GATS cases heard in the WTO dispute settlement system. Part II catalogues the consultation requests where GATS issues have been raised and the results of those requests and the Panel/Appellate Body decisions on GATS issues and the implementation results. Part III then considers (a) preliminary issues that have arisen or might arise in GATS cases (e.g. the effective date of GATS; how conflicts with other WTO agreements are treated); (b) the consequences of overlapping obligations in GATS and other WTO agreements (e.g. those that arose in Canada – Periodicals and EC – Bananas) and (c) the rules of interpretation that have been applied in GATS cases with specific reference to the interpretation of commitments (Mexico – Telecoms and US – Gambling).

GATS provisions on dispute settlement

GATS contains several distinct provisions on dispute settlement. The basic provisions on dispute settlement are GATS Articles XXII and XXIII. Article XXII:1 sets out a general consultation provision modelled on GATT Article XXII:1, with the proviso (not in GATT) that the consultations are to be held pursuant to the WTO Dispute Settlement Understanding (DSU). Specifically, Article XXII:1 provides:

Each Member shall accord sympathetic consideration to, and shall afford adequate opportunity for, consultation regarding such representations as may be made by any other Member with respect to any matter affecting the operation of [GATS].

Type
Chapter
Information
GATS and the Regulation of International Trade in Services
World Trade Forum
 , pp. 276 - 295
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

,BNA International Trade Reporter, ‘U.S. Says World Trade Organization Panel Not Competent to Judge Cuba Dispute, Hopes To Settle’, Vol. 15, 26 February 1997, p. 351.
,BNA International Trade Reporter, ‘U.S., EU Approve Plan to Resolve Dispute over Helms-Burton, Officials Say’, Vol. 14, 16 April 1997, p. 686.
,BNA International Trade Reporter, ‘U.S., EU Reach Accord to End Dispute over Helms-Burton, but Helms Objects’, Vol. 15, 20 May 1998, p. 855.
,BNA International Trade Reporter, ‘Menendez Blasts Clinton Administration on Enforcement of Helms-Burton Title IV’, Vol. 16, 31 March 1999, p. 13.
Cossy, Mireille, ‘Determining “Likeness” under the GATS: Squaring the Circle?’, in Panizzon, Marion, Pohl, Nicole and Sauvé, Pierre (eds.), General Agreement on Trade in Services and the Regulation of International Trade in Services (ch. 14 in this volume).
Davey, William J. ‘The Quest for Consistency: Principles Governing the Interpretation of the World Trade Organization Agreements’, in Griller, Stefan (ed.), The World Trade Organization and the Doha Round. At the Brink of Failure? (Springer 2006).Google Scholar
Davey, William J., and Zdouc, Werner, ‘The Triangle of trade-related aspects of intellectual property rights, General Agreement on Tariffs and Trade and GATS’, in Cottier, Thomas and Mavroidis, Petros C. (eds.), Intellectual Property: Trade, Competition and Sustainable Development (The University of Michigan Press, 2003).Google Scholar
,General Agreement on Tariffs and Trade, Analytical Index: Guide to General Agreement on Tariffs and Trade Law and Practice, 6th updated edn (Geneva: General Agreement on Tariffs and Trade 1995).Google Scholar
Shaffer, Gregory C., Defending Interests: Public-Private Partnerships in World Trade Organization Litigation (Washington, DC: Brookings Institution, 2003).Google Scholar
,USTR, 2000 Trade Policy Agenda and 1999 Annual Report (2000).
,USTR, 2004 Trade Policy Agenda and 2003 Annual Report (2004).
,USTR, 2006 National Trade Estimate on Foreign Trade Barriers (2006) available at: www.ustr.gov/Document_Library/Reports_Publications/2006/2006_NTE_Report/Section_Index.html, last accessed 26 July 2007.
,World Trade Organization, CTS, ‘First Meeting of the Council for Trade in Services’, Note by the Secretariat, S/C/W/1, 15 February 1995.
,World Trade Organization, CTS, ‘Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services’, S/L/2, 4 April 1995.
,World Trade Organization, Dispute Settlement Body, ‘Indicative List of Governmental and Non-Governmental Panelists’, Dispute Settlement Body/33 & Add. 1–6, 6 March 2003–26 July 2006.

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×