REVISITING PUBLIC SERVICES UNDER GATS: A LEGAL ANALYSIS OF COMMITMENTS AND STATE DISCRETION
Keywords:
GATS, goverтmental control, mmitments, key provision, national autonomyAbstract
The General Agreement on Trade in Services (GATS) has been a subject of debate regarding its impact on the liberalization of essential public services, particularly in sectors such as healthcare, education, and water. Critics argue that GATS could pressure states into privatizing these services, undermining governmental control and social welfare protections. This article critically examines the legal framework of GATS, clarifying its scope, commitments, and limitations concerning public services. It explores the voluntary and flexible nature of GATS commitments, analyzing key provisions such as market access, national treatment, and exceptions under Article I:3. The findings suggest that careful scheduling of commitments, strategic use of exemptions, and regulatory safeguards are essential to preserving national autonomy over vital public services.
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References
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