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Chapter Summary

General Agreement on Trade in Services (GATS) applies to measures by members affecting trade in services. That provision makes it clear that the GATS, like other WTO agreements, is not an agreement regulating trade, but an agreement regulating government measures affecting trade. The trade in services must be transboundary in nature and thus have an international dimension. Regarding the applicability of GATS and/or General Agreement on Tariff and Trade (GATT) 1994, the Appellate Body identified three categories of measures: first, measures could fall exclusively within the scope of the GATT 1994, when they affect trade in goods as goods. Secondly, measures affecting the supply of services as services would fall exclusively within the scope of the GATS. A third category of measures could be found to fall within the scope of both agreements.

Keywords: Appellate Body; GATS; GATT

10.1163/ej.9789004145689.i-786.13
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