Can a decentralized system, such as that in the United States, fit into the GATS framework?
The answer is not clear. The majority of member states consider higher education part of a national government structure. The United States is an exception, as are a few other countries such as Canada and Germany, where higher education policy is a matter for states or provinces. • Will GATS expand the federal role in higher education to facilitate U.S. commitments to GATS? Trade agreements made by the president of the United States under GATS and approved by Congress are the law of the land and as such pre-empt state and local authority. Under U.S. “fast track” trade legislation approved by Congress and signed into law in August 2002, trade agreements made by the president (usually through the U.S. trade representative) must be either approved or disapproved and cannot be amended. There will be no opportunity for changes during Congressional debate. Specific provisions in areas such as education cannot be changed once an agreement is reached by the president with other GATS members. T
