Some activist groups believe that GATS risks undermining the ability and authority of governments to regulate commercial activities within their own borders, which will lead to the flight of power from the commercial interests of citizens. In 2003, the GATSwatch network published a critical opinion, supported by more than 500 organizations in 60 countries.  At the same time, countries are not required to enter into international agreements such as the GATS. For countries that like to attract trade and investment, GATS adds a degree of transparency and legal predictability. Legal barriers to trade in services may have legitimate political reasons, but they can also be an effective instrument for large-scale corruption.  The GATS agreement has been criticized for replacing the authority of national law and justice with that of an GATS dispute resolution body that conducts closed hearings. Spokespeople for WTO government members have an obligation to reject this criticism because they had previously pledged to recognize the benefits of the dominant trade principles of competition and “liberalization. Exceptions may be granted in the form of Article II exceptions. Members could apply for such exemptions before the agreement came into force. New derogations may only be granted to new members at the time of accession or, in the case of current members, by a derogation under Article IX:3 of the WTO agreement. All exceptions are subject to review; they should not, in principle, last more than 10 years. In addition, the GATS allows groups of members to enter into economic integration agreements or to mutually recognize regulatory standards, certificates and others when certain conditions are met. Financial Services The instability of the banking system has an impact on the economy as a whole.
The Financial Services Annex gives governments a very broad leeway to take prudential measures, such as protecting investors, depositors and policyholders, and to ensure the integrity and stability of the financial system. The annex also excludes services provided when a government exercises its authority over the financial system. B, for example, central bank services. Air Services This appendix excludes traffic rights and activities directly related to GATS coverage. They are dealt with by other bilateral agreements. However, the schedule provides that the GATS will apply to aircraft repair and maintenance services, air marketing and computerized booking services. Members are currently reviewing the schedule. Recognition When two (or more) governments have agreements that recognize each other`s qualifications (.
B for example, licensing or certification of service providers), GATS states that other members must also have the opportunity to negotiate similar pacts. Recognition of the qualifications of other countries should not be discriminatory and should not be reduced to disguised protectionism. These recognition agreements must be notified to the WTO. No no. The results of the sectoral negotiations are specific new commitments and/or exemptions for the sector concerned. They are therefore not legally independent of other sectoral obligations and are not different agreements from the GATS. New obligations and exemptions from the MFN were included in existing lists and exception lists in separate GATS protocols. Funding training is an explicit commitment by WTO governments to authorize publicly funded services in key areas of their responsibility. The agreement defines state services as services that are not commercially provided and do not compete with other providers.
These services are not subject to GATS discipline, they are not covered by negotiations and market access and domestic treatment obligations (which treat foreign and domestic firms in the same way) do not apply.