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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
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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

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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.
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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
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