Does GATS remove the right / ability to regulate domestically?
This claim has been much exaggerated. The GATS does not prevent governments from regulating. Indeed, it is essential that services can be regulated properly. Unlike unmerchantable quality goods, you can’t take back poor services, so governments have to protect consumers in the most appropriate way, which may mean prior regulation. The GATS work on domestic regulation disciplines is limited to qualification requirements and procedures, technical standards and licensing procedures. The aim is to find a balance between guaranteeing quality of service while not making regulation so onerous that, for example, it becomes impossible for qualified professionals to practice in other countries. There is no intention to prevent WTO Members from regulating for domestic policy objectives. The European Community holds the view that a measure should not be considered more burdensome than necessary if it is proportionate to the objective pursued. This is intended to make clear that the degree of neces
