Developing countries will be unable to pull back from existing commitments?
GATS commitments are not made lightly. They have to be binding to ensure predictability for economic operators wishing to enter a market under the terms set out by a WTO Member in its Schedule of Commitments. However, a WTO Member government may notify its intention to modify or withdraw any commitment in its schedule at any time after three years have elapsed from the date on which the commitment entered into force. In the absence still of a safeguard mechanism that period is reduced to 1 year where the need can be shown to be pressing. Since the GATS entered into force in 1995 no Member has sought to reverse any commitment. Any Member government whose benefits under the agreement may as a result be affected can request negotiations with a view to agreeing compensatory adjustments or failing that seek arbitration. We would expect developing countries to seek to invoke the flexibility built into the GATS for developing country members to argue for lesser compensation to be due than if
