THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) AND EDUCATION SERVICES Dale Honeck Trade in Services Division World Trade Organization 1
GATS Architecture Common to all Individual § Schedules of § Short text of Articles - the “Framework” Commitments + § MFN Exemptions (only at § Annexes outset & if needed) 2
GATS: 4 modes of supply MODE EXAMPLE (Education) Cross-border Trade (1) Distance-learning programme from country A relayed in B B’s resident attends a post- Consumption Abroad (2) graduate course in A Commercial Presence (3) University from A operates a training center in B Movement of Natural Professor from A gives courses Persons (4) in B 3
GATS: IMPLICATIONS Three Scenarios: Ø Scenario 1 : Governmental Services – excluded from GATS Ø Scenario 2 : No specific commitment – “unconditional” general obligations apply Ø Scenario 3 : Specific Commitments – “conditional” and “unconditional” general obligations + market access and national treatment 4
What does a specific commitment imply ? Ø Market access and national treatment, as defined by the GATS, and subject to any scheduled limitations. Ø Very few full commitments scheduled for education services. Most are partial commitments. Ø Commitments are bindings and not necessarily the actual trade regime. 5
Specific Commitments by Sector (Number of WTO Members) 100 50 0 n m l s n t s t n n l n a n o s r o a i o o o e o s e c i c i t i i i p t i m i r n n c t u t t d a u a s a a i u n b s n e e c o n c o i u r r M u T i a t r i c r t F B n r s d i s u T n e v i E R D m o n C E m o C 6
Thank you dale.honeck@wto.org 7
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