Market Access under the GATS – A Legal Commentary on Article XVI GATS

Market access is the most important liberalizing principle in the General Agreement on Trade in Services (GATS). It entails a general prohibition of quantitative restrictions, which however is conditional on commitments undertaken by Members in their respective Schedules of Commitments. Case-law over the years, notably the US – Gambling case, has shed light on various aspects of this provision relating to its substantive scope and limits. This paper critically reviews the various legal terms included in the provision and their interpretation by various WTO Panels as well as the Appellate Body. It also reveals the logic of the provision and, based on this analysis, offers insights as to the proper meaning of those aspects of the principle of market access which have not been subject to a dispute as of yet, including its relationship with other GATS provisions