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Dr. Ram Manohar Lohiya National Law


International Trade Law
Anti Dumping Protection in India

Submitted To- Submitted by-
Ms. Kirti Singh Ashutosh Singh
(Asst. Prof., Dr. RMLNLU) VII
B.A. LL.B. (Hons.)
Roll No. - 28

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Title: General Obligations under GATS
The General Obligations under the GATS are contained in Part II of the agreement i.e. Art. II
to Art. XV. These general obligations assumed under the GATS include a commitment to
most favoured nation (MFN) treatment to the service providers of other Members ("foreign
service providers"), transparency with respect to measures of general application, and the
establishment of national inquiry points to respond to other Members information requests,
the establishment of administrative review and appeal procedures, and discipline on the
operation of monopolies and exclusive suppliers.
These general obligations, and in particular obligations with respect to MFN treatment are,
however, subject to significant limitations. The MFN obligation in Article II of the GATS,
for example, states that each party "shall accord immediately and unconditionally to services
and service providers of any other Party, treatment no less favourable than that it accords to
like services and service providers of any other country." This in principle should operate to
prevent arrangements among groups of Members in individual sectors. Member countries
could, however, deviate from this standard if the Member listed such measures in the "Annex
on Article II Exemptions" and the conditions for such exemptions were met. This flexibility
was considered necessary in order to maintain existing regulations or agreements not
consistent with the MFN obligation and to preserve the prospective right to use reciprocal or
unilateral liberalization measures. Almost all countries have claimed some MFN exemptions
in areas such as civil and maritime aviation, telecommunications and financial services.
Similar exemptions have also been claimed with respect to national treatment.

The objective is to present a bare analysis of the general obligations which is entailed under
the GATS and to critically examine certain important principles of GATS which also form
the skeleton of general obligations under the GATS.

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Statement of Problem:
This project aims to explore and answer that how fundamental the principle of MFN and NTP
are in relation to GATS.
The general obligations and disciplines of the GATS contain many of the same principles that
are the cornerstones of the multilateral trading system as a whole.
GATS is a complex treaty and it does not lay down minimum standards as TRIPS does.
Rather, it takes shape through the process of negotiation.
Research Questionnaires:
1. What is the rationale behind having certain general obligations under the GATS?
2. Whether the Member Countries are observing the General obligations of the GATS?
3. Whether the general obligations under the GATS are the minimum standards which are to
be mandatorily to be observed and respected by the Member Countries?

Sources/ Research Methodology:
Due to the very nature of the research topic, the researcher opts to do doctrinal research.
Hence researcher will be relying on different written documents, e.g. books, commentaries,
web-sources etc, for the collection of data and other relevant materials for the preparation of
the project report.

Mode of Citation:
A uniform method of citation will be used throughout the project report.

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Contents /Tentative Chapterisation:
Ch. 1. Abstract
Ch. 2. Introduction
A short discussion on the following topics will be presented into chapters or otherwise as the
need be:
Ch. 3. Most-Favoured-Nation Treatment
Ch. 4. Transparency
Ch. 5. bis Disclosure of Confidential Information
Ch. 6. Increasing Participation of Developing Countries
Ch. 7. Economic Integration
Ch. 8. bis Labour Markets Integration Agreements
Ch. 9. Domestic Regulation
Ch. 10. Recognition
Ch. 11. Monopolies and Exclusive Service Suppliers
Ch. 12. Business Practices
Ch. 13 General Exceptions
Ch. 14. Subsidies
References and Bibliography

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References/ Bibliography:
1. The GATS, WTO Secretariat.
2. Guide to the GATS: An Overview of Issues for Further Liberalization of Trade in
Services WTO Secretariat, Kluwer Law International, 2001.
3."General Obligations & Specific Commitments" available at (last accessed on 05.09.2014)
4. General Agreement On Trade In Services (GATS) available at (last accessed on
5. "General Obligations (Part I) - MFN Treatment, Transparency and Domestic Regulations"
available at
h_CXTfYgw&bvm=bv.75097201,d.c2E (last accessed on 05.09.2014)

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