The Research On The Interpretation Of GATS Schedule Of Specific Commitments

As a part of GATS, GATS Schedule of Specific Commitments is also characterized as its unilateralism. The interpretation not only determines the result of a certain case, but also provides an important reference to the members of the WTO to understand, use and modify GATS Schedule of Specific Commitments in the future. Through observing the case of "United States-Measures Affecting the Cross-Border Supply of Gambling and Betting Services","China-Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products" and "China-Certain Measures Affecting Electronic Payment Services", we can conclude the present interpretation method of GATS Schedule of Specific Commitments, that is, a method based on a framework of treaty interpretation under Article31&32of the Vienna Convention on the Law of Treaties, and focused on the objective interpretation method. Thus leading to a series of problems in the process of interpretation, such as the treaty status of GATS Schedule of Specific Commitments, the conflict between the unilateral nature of GATS Schedule of Specific Commitments and its being a component of GATS as well as the whole WTO agreements in form, the influence on the interpretation rules and so on. In order to ensure the authority and impartiality of WTO, the Panel and the Appellate Body should face the special legal attributes of GATS Schedule of Specific Commitments, pay more attention to the subjective intention of acceptance, and seek more flexible alternative interpretation methods in the framework of treaty interpretation under Article31&32of the Vienna Convention on the Law of Treaties.