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3 - The Current Understanding of the GATS PCO

Published online by Cambridge University Press:  08 June 2018

Carlo Maria Cantore
Carlo Maria Cantore
Affiliation:
Universiteit Antwerpen, Belgium
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Summary

Chapter 3 provides with the current understanding of the GATS PCO. It first examines the way in which the provision has been interpreted by the literature so far. Then, the Chapter gives account of the discussions conducted within the Committee on Trade in Financial Services of the GATS, where several Members have demonstrated not to be at ease with the formulation of the provision and have even submitted proposals for reform. The Chapter also reviews the way in which the GATS PCO was dealt with in the only WTO dispute so far where it was invoked: Argentina – Financial Services. Account is given of the facts of the case and on the releavant findings of the Panel and the Appellate Body.
Type
Chapter
Information
The Prudential Carve-Out for Financial Services
Rationale and Practice in the GATS and Preferential Trade Agreements
 , pp. 64 - 105
Publisher: Cambridge University Press
Print publication year: 2018

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