WTO GATS 양허 분야 해석에 대한 고찰

The Market Access and National Treatment, which are the fundamental obligations of the General Agreement on Trade in Services, depend on what the each WTO member country has specifically undertaken, in its own schedule of specific commitments, to do. Therefore, the interpretation of the schedules is very important. The starting point of interpreting schedules is whether a sector/subsector, where services at issue belong to, has been scheduled. There were three cases on the interpretation of sectors of the schedules, namely US-Gambling, China- Publications and Audiovisual Products, China-Electronic Payment Services cases. Applying Articles 31 and 32 of the Vienna Convention on the Law of Treaties to these issue, the Panel and the Appellate Body analysed terms in dispute as used in the schedule by looking the ordinary meaning of the terms, then the context in light of the objective and purpose of the GATS and the WTO Agreement. Recourse may also be had to supplementary means of interpretations as appropriate. Through this analysis of WTO judiciary decisions, several points were highlighted. The importance of clearer ordinary meaning was touched. The context in the GATS including the remainder of schedule, the substantive provisions of the GATS and schedules of other Members was explored. The meaning of the GATS preamble and the status as interpretative tool of document W/120 and the 1993 scheduling Guidelines were considered. In addition, the principle of technological neutrality was examined. It is desirable to pursue clarity and consistency of service sectors through agreement in the Council of Services and WTO judiciary decisions.