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4 - Digital Services and the GATS

from Part II - Classification of Digital Services

Published online by Cambridge University Press:  30 September 2021

Ines Willemyns
Affiliation:
Sidley Austin LLP, Brussels
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Summary

This chapter elaborates on the relationship between digital services and the GATS. First, the characteristics of the GATS are explained, including the recognised four modes to supply services, the specific commitments WTO Members have included in their Services Schedules and how this impacts the Members’ obligations under this agreement. Digital services are not explicitly referred to in the GATS, but through an analysis of the scope of the GATS, this chapter explains why measures that affect digital services trade are covered by the GATS. Moreover, electronic delivery of services fits within the four modes of supply as recognised within the GATS. The chapter also elaborates on the principle of technological neutrality and how it applies to the GATS. Finally, the chapter discusses the work that has been undertaken by WTO Members in the context of the Work Programme on Electronic Commerce, which was established in 1998. The lack of substantive progress in the context of this Work Programme illustrates the divergent positions of WTO Members on digital issues.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Digital Services and the GATS
  • Ines Willemyns, Sidley Austin LLP, Brussels
  • Book: Digital Services in International Trade Law
  • Online publication: 30 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108946353.005
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  • Digital Services and the GATS
  • Ines Willemyns, Sidley Austin LLP, Brussels
  • Book: Digital Services in International Trade Law
  • Online publication: 30 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108946353.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Digital Services and the GATS
  • Ines Willemyns, Sidley Austin LLP, Brussels
  • Book: Digital Services in International Trade Law
  • Online publication: 30 September 2021
  • Chapter DOI: https://doi.org/10.1017/9781108946353.005
Available formats
×