In discussions about the need for, and possible role of, a multilateral framework for investment, existing obligations under the General Agreement on Trade in Services (GATS) are seldom acknowledged. However, some two-thirds of the world's FDI stock are in services and, thus, potentially subject...

WTO talks on investment facilitation, launched at the 11th Ministerial Conference in 2017, have garnered significant traction, with negotiations currently involving over 100 Members. Looking ahead, a key challenge will be securing an open plurilateral agreement that bridges definitional and...

The status of public services is one of the most hotly debated issues surrounding the General Agreement on Trade in Services (GATS). In principle, there are two approaches to define such services: an institutional approach focusing on the conditions governing supply (e.g. ownership status and...

The World Trade Organization (WTO) rules for services trade, under the General Agreement on Trade in Services (GATS), are far broader in policy coverage than their counterpart provisions under the General Agreement on Tariffs and Trade (GATT), reflecting, inter alia, the Agreement's extension to...

WTO Members have more leeway under the General Agreement on Trade in Services (GATS) to elude the WTO's basic most favoured nation (MFN) obligation than in merchandise trade under the General Agreement on Tariffs and Trade. In particular, under the Annex on Article II Exemptions, each Member had...

In addition to cross-border supply, the Agreement covers three additional types of transactions, i.e. the supply of services via consumer movements abroad as well as the presence of foreign firms and foreign service professionals in the respective markets. At the same time, the GATS accommodates...