The GATS is regarded as a development-friendly WTO agreement and Article XIX lies at the heart of this pro-development efforts. This contribution offers a comprehensive analysis of this provision and critically deals with concepts that have not been tested by the WTO judiciary

This contribution is the most comprehensive treatise to date of the GATS market access provision. The authors analyze several contentious issues under GATS in an exhaustive manner and provide guidance as to the adequate interpretation of various concepts

This contribution deals with the issue of business confidential information as a general exception to the obligations that WTO Members have under the GATS. It mainly draws from existing case-law under the GATT to offer a possible interpretation of the concepts entailed in Article III bis of the GATS

This contribution aims to provide an authoritative interpretation of one of the most important GATS provisions, namely the General Exceptions provisions. Drawing parallels with relevant interpretations under the GATT and critically assessing relevant case-law under both GATT and GATS allows the...

This commentary on the security exception provision embedded in the GATS pioneers in that it discusses issues of national security relating to trade in services in a dynamic manner taking into account current threats and contentious issues relating to WTO Members' essential security interests....

This contribution provides a thorough analysis of Article III of the GATS concerning transparency. Drawing from case-law under the GATT as well as regional courts such as the European Court of Justice, the contribution aims to offer an interpretation of ambiguous concepts under this GATS provision

This paper attempts to shed some light to the relationship between new mechanisms to mitigate climate change and promote renewable energy generation, and the General Agreement on Trade in Services (GATS). Trade in Renewable Energy Certificates (RECs) is a market-based scheme that promotes energy...

The general and specific obligations undertaken under the General Agreement on Trade in Services (GATS) by Members in relation to non-discrimination and market access and a level playing field in services, may under certain circumstances, considerably restrict the pursuit of equally legitimate,...

Agreed commitments under GATS — both general and specific — amount to substantial qualifications to the exercise of sovereignty and powers in shaping domestic regulation of services. Members therefore agreed to introduce security exceptions aimed to preserve Members’ freedom of action in...