What are the conditional obligations under GATS?
GATS follows a positive list approach under which each member is expected to undertake specific liberalization commitments through a process called “scheduling”. Each Member identifies the service sectors/ sub-sectors and modes of supply in which it is willing to make commitments. Then the member inscribes the conditions under which it will allow services and service suppliers access to its market. This is done by indicating limitations it wishes to place on market access and national treatment while granting access. Thus national treatment is not mandatory in GATS but is negotiated on a sector to sector basis. This contrasts with the way the national treatment principle is applied to goods – in that case, once a product has crossed a border and been cleared by customs it has to be given national treatment even if the importing country has not made any commitment under the WTO to bind the tariff rate. Market Access : The granting of market access is a commitment undertaken by individua
