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GATS, Market Access and Gambling

GATS, Market Access and Gambling. Dr. Federico Ortino BIICL. AB Analysis of the Meaning of Art. XVI. Articles 31-32 Vienna Convention Unsatisfactory analysis by the AB Textual analysis Analysis of the context of the provision

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GATS, Market Access and Gambling

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  1. GATS, Market Access and Gambling Dr. Federico Ortino BIICL

  2. AB Analysis of the Meaning of Art. XVI Articles 31-32 Vienna Convention Unsatisfactory analysis by the AB • Textual analysis • Analysis of the context of the provision (what are the features of Artt. XVI/XVII/VI; what is the nexus with the GATT and its comparable provisions, Artt. III/XI?) • Analysis of the “object and purpose” of the provision (what is the underlying rationale of the Market Access provision? Why are those measures subject to such discipline?)

  3. “Context”

  4. “Object and purpose” • In the ideal world envisaged by the drafters of the GATS, the measures listed in Art. XVI lack, in principle, a policy justification (ie., they cannot be justified on the basis of either economic or non-economic policies). Presumption that those measure lack regulatory credibility, because they are both economically and non-economically inefficient • Scheduling Guidelines (on Limitations on Market Access) • “A Member grants full market access in a given sector and mode of supply when it does not maintain in that sector and mode any of the types of measures listed in Article XVI. […] The list is exhaustive […] The quantitative restrictions can be expressed numerically, or through the criteria specified in sub-paragraphs (a) to (d); these criteria do not relate to the quality of the service supplied, or to the ability of the supplier to supply the service (i.e. technical standards or qualification of the supplier).” [emphasis added] • Empirical evidence with regard to Article XI and Article XX GATT

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