Chapter 1: | Introduction |
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Given the LGs’ consensual adherence to GATS and the GATS provision of rights and encouragement that developing nations exercise such rights, I question whether the GATS has any bearing on the autonomy of LGs. Nonetheless, I recognize that unearthing of power dynamics is crucial when complex relationships are established between two or more entities, among which there are those that possess sources of power such as money, experience, expertise, knowledge, and insight beyond the literary meanings of texts.
The GATS states that since the early parts of this decade it has mandated negotiations to ensure trade liberalization, and at times the introduction of trade barriers, in services. The terms of this mandate were agreed upon by members who set the guidelines and procedures for the negotiations in a clear and balanced manner.2 According to the GATS, members unequivocally endorsed some of its fundamental principles, such as:
From the WTO/GATS perspective, the process of members’ agreement to terms and their participation in setting guidelines engenders principles of participatory democracy; the process addresses with fairness what members consider to be of concern. This perspective suggests that any contrary interpretation of the process reflects a lack of understanding of its nature.