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Chapter Summary

The General Agreement on Trade in Services (GATS) aims to establish a legally binding set of commitments to enhancing predictability and transparency under the tenet of progressive liberalization. In Article XVI, the market access obligation is negatively defined in that it prohibits several types of restrictions that hamper the supply of services in a given market. Service supplier within the meaning of the GATS is defined broadly to cover any person that supplies a service. In turn, this person may be either a natural or a juridical person. The principle of effectiveness requires the World Trade Organisation (WTO) judiciary to give meaning and effect to all the terms of the treaty.

Keywords: Article XVI; GATS; market access



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