멕시코 通信서비스 WTO 事件

This case note reviews WTO case (DS204) on Mexico - Measures Affecting Telecommunications Services. It is the first panel finding on disputes relating to GATS and telecommunications services. In this case, the panel held that:(a) Mexico has not met its GATS commitments under Section 2.2(b) of its Reference Paper since it fails to ensure that a major supplier provides interconnection at cost-oriented rates to United States suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue ;(b) Mexico has not met its GATS commitments under Section 1.1 of its Reference Paper to maintain "appropriate measures" to prevent anti-competitive practices, since it maintains measures that require anti-competitive practices among competing suppliers which, alone or together, are a major supplier of the services at issue;(c) Mexico has not met its obligations under Section 5(a) of the GATS Annex on Telecommunications since it fails to ensure access to and use of public telecommunications transport networks and services on reasonable terms to Unitedservice suppliers for the cross-border supply, on a facilities basis in Mexico, of the basic telecommunications services at issue;(d) Mexico has not met its obligations under Section 5(b) of the GATS Annex on Telecommunications, since it fails to ensure that United States commercial agencies, whose commercial presence Mexico has committed to allow, have access to and use of private leased circuits within or across the border of Mexico, and are permitted to interconnect these circuits to public telecommunications transport networks and services or with circuits of other service suppliers. On the other hand, the Panel has found that : Mexico has not violated Section 2.2(b) of its Reference Paper, Section 5(a) and Section 5(b) of the GATS Annex on Telecommunications, with respect to cross-border supply, on a non-facilities basis into Mexico, of the basic telecommunications services at issue;This case is worthy of note in the following points. First, Mexican GATS specific commitments at issue is quite similar to those of Korea. Second, it is confirmed that the current international telecom calls originating from foreign countries are Mode 1 supply of services. Third, the panel followed a pro-open market interpretation of the regulations when they are obscure. Fourth, the reference paper was confirmed as a useful tool for open market and fair competition. Finally, this case will accelerate changes in international accounting system.