The Trade in Services Agreement (TiSA): Assessing the State of Play and Potential Pitfalls

Abstract

This article aims to provide an overview of the state of play regarding the Trade in Services Agreement (TiSA). It pinpoints some of the potentially novel aspects and limitations of the agreement and addresses some of the more problematic legal questions that surround its negotiation, particularly the issue of its potential multilateralisation and incorporation within the WTO framework. Section 2 provides a brief description of the history and rationale behind the negotiation of the TiSA. Sections 3 and 4 describe the current GATS framework in relation to liberalization commitments and non-discriminatory regulatory principles, and the extent to which TiSA can go beyond this. Section 5 examines the compatibility of the TiSA with WTO law by focusing on the issue of whether the TiSA can comply with conditions set out under Article V GATS for the establishment of a preferential trade agreements (PTAs) covering services. Finally, Sect. 6 addressees the manner and the conditions under which the TiSA may be multilateralised in the future.