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Gats Article XVI and National Regulatory Sovereignty: What Lessons to Draw from Us—gambling?

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Chapter Summary

This chapter argues that Article XVI market access commitments should be interpreted in their proper context that takes account of the unique facts of the case at the expense of a more textual approach that applies GATS principles without giving much weight to the effect to factual context. It suggests that the Appellate Body Report in US - Gambling has provided more clarity to the meaning of Article XVI market access commitments and has narrowed the range of permitted interpretive approaches that can be used to understand the scope of a member's commitments. It then deals with (1) inherent differences between the nature and magnitude of regulatory intervention in the areas of goods and services; (2) the fact that the borders between Article XVI, XVII and VI of the GATS are inherently unclear; and (3) a proposed 'practical' interpretation of GATS Article XVI, concurring with the one adopted by the Appellate Body.

Keywords: Appellate Body Report; Article XVI; General Agreement on Trade in Services (GATS); goods and services; market access; national regulatory sovereignty; US - gambling



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