Research in this paper focuses on three basic but imperative questions. The first question concerns in what pattern ISDS panels have been using the WTO acquis. Part I thus offers a recount of the circumstances in the case law where a number of arbitral panels have engaged with the WTO norms and...

Up to date, the existing WTO jurisprudence in services has not yet provided sufficient guideline to answer the basic questions as to the applicable GATS rules: when a domestic measure is disputed, should it be examined under Article XVI (market access), or Article XVII (national treatment), or...