Abstract
Members have all the policy flexibility to decide how and in what manner service suppliers of other WTO Members will access their markets. They decide whether to grant full, partial or no access. The schedule is the tool that they use to delineate the scope and depth as well as conditions to such access. Once the schedules are submitted to the WTO, they become the legal basis for such Member’s Mode 4 movement vis-à-vis other WTO Members, creating rights and obligations amongst WTO Members. According to the Mode 4 Annex, natural persons covered by a specific commitment shall be allowed to supply the service in accordance with the terms of that commitment.
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Notes
- 1.
Paragraph 3, Mode 4 Annex.
- 2.
Ibid.
- 3.
As presented in WTO (2009). More detailed description of the categories frequently used in Members’ commitments is also available in WTO Document JOB (03)/195. In addition, WTO Documents TN/S/W/31 and TN/S/W/32 propose possible common categories.
- 4.
WTO (2009), supra. The figure does not reflect Business Visitors, as it is the understanding that such category is seeking opportunities, following which, once identified, the supply of a service would take place.
- 5.
Article XVI: 1, GATS.
- 6.
Article XVI: 2, GATS.
- 7.
Panel Report, United States—Measures Affecting the Cross-Border Supply of Gambling and Betting Services, WT/DS285/R, adopted 20 April 2005, at p. 6.97.
- 8.
This means that no other categories of natural persons, except those in the market access column, can claim access to NT.
- 9.
The schedule is available at http://tsdb.wto.org/.
- 10.
Which are Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, and United Kingdom, Austria, Finland and Sweden as well as 10 others from the Eastern Block: Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Slovenia, and the Slovak Republic.
- 11.
See for example the US schedule at http://tsdb.wto.org/simplesearch.aspx.
- 12.
See Scheduling Guidelines, WTO Document S/L/92.
- 13.
See for example EU schedule—S/C/W/273. For the EU, in addition, EC directives on mutual recognition of diplomas do not apply to nationals of third countries. Recognition of the diplomas which are required in order to practice regulated professional services by non-Community nationals remain within the competence of each Member State, unless Community law provides otherwise. The right to practice a regulated professional service in one Member State does not grant the right to practice in another Member State.
- 14.
India, List of Horizontal Commitments. Online available: http://tsdb.wto.org/simplesearch.aspx.
- 15.
Japan’s list of Horizontal commitments. Online available: http://tsdb.wto.org/simplesearch.aspx.
- 16.
See USA List of Horizontal Commitments on Mode 4, supra.
- 17.
Ibid.
- 18.
Ibid.
- 19.
Japan’s list of horizontal commitments, supra.
- 20.
South Africa, List of Horizontal commitments. Online available: http://tsdb.wto.org/simplesearch.aspx. Accessed on 13 November 2011.
References
WTO. (2009). Presence of natural persons, Background note by the Secretariat. WTO Document S/C/W/301.
Legal Instruments
General Agreement on Trade in Services (GATS).
Cases
Panel Report, United States – measures affecting the cross-border supply of gambling and betting services; WT/DS285/R, adopted 20 April 2005, at p. 6.97.
WTO Documents
JOB (03)/195.
S/L/92.
S/C/W/273.
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Kategekwa, J. (2014). Character and Trends in Existing Mode 4 Commitments in the GATS. In: Opening Markets for Foreign Skills: How Can the WTO Help?. Springer, Cham. https://doi.org/10.1007/978-3-319-03548-2_4
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