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Public Services and Trade Liberalization: Mapping the Legal Framework

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  • Markus Krajewski

Abstract

The impact of the General Agreement on Trade in Services (GATS) on public services is subject to a vivid political debate. From a legal perspective, an important issue is the sectoral scope of the GATS and the exact meaning of the term 'services supplied in the exercise of governmental authority' in Article I:3(b) GATS. This paper shows that this provision is likely to be interpreted narrowly and that most public services will fall within the sectoral scope of GATS. The reason for this finding lies in the definition of governmental services, which emphasizes the non-commercial basis and non-competitive supply of a service. This definition distinguishes GATS law from the similar provision in Article 45 EC. WTO Members wishing to reduce the impact of GATS on public services can do so through their schedules of specific commitments or seek an interpretation of the GATS, which would give them more regulatory flexibility. Copyright Oxford University Press 2003, Oxford University Press.

Suggested Citation

  • Markus Krajewski, 2003. "Public Services and Trade Liberalization: Mapping the Legal Framework," Journal of International Economic Law, Oxford University Press, vol. 6(2), pages 341-367, June.
    • Handle: RePEc:oup:jieclw:v:6:y:2003:i:2:p:341-367
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    Cited by:

    1. OECD & World Bank, 2007. "Cross-border Tertiary Education : A Way towards Capacity Development," World Bank Publications - Books, The World Bank Group, number 6865.
    2. Adlung, Rolf, 2005. "Public services and the GATS," WTO Staff Working Papers ERSD-2005-03, World Trade Organization (WTO), Economic Research and Statistics Division.
    3. Weber, Heloise & Weber, Martin, 2020. "When means of implementation meet Ecological Modernization Theory: A critical frame for thinking about the Sustainable Development Goals initiative," World Development, Elsevier, vol. 136(C).
    4. Ann Issac & Nirmalya Syam, 2010. "Migration of Health Care Professionals from India: A Case Study of Nurses," Working Papers id:2403, eSocialSciences.
    5. Adlung, Rudolf, 2009. "Trade in healthcare and health insurance services: The GATS as a supporting actor (?)," WTO Staff Working Papers ERSD-2009-15, World Trade Organization (WTO), Economic Research and Statistics Division.
    6. Ian Roper & Philip James & Paul Higgins, 2005. "Workplace partnership and public service provision," Work, Employment & Society, British Sociological Association, vol. 19(3), pages 639-649, September.
    7. Hall, David & Lobina, Emanuele, 2007. "International actors and multinational water company strategies in Europe, 1990-2003," Utilities Policy, Elsevier, vol. 15(2), pages 64-77, June.

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