CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ POVERTY ERADICATION – CONTROVERSIES BETWEEN UN AND WTO Because of the importance of the issue the next part of the paper draws linking lines between labour and service to show that definition of terms gives a different picture from that what is described above. Labour Rights are included in the GATS The fact that GATS sees the space for the temporary movement of natural persons to deliver services within its scope of application is indeed important, if used effectively, for the promotion of the economic growth of all trading partners and enhancement of the development of developing countries. What is interesting here is that neither the dictionary of the WTO nor the GATS specify which action falls within the definition of service. According to GATS it applies to all service sectors excluding “services supplied in the exercise of governmental authority” i.e. service supplied neither on a commercial basis nor in competition with other suppliers. 59 As regards the second exception from the list of services covered by the agreement these are the services affecting air traffic rights and services directly related to the exercise of such rights, as indicated within the Annex on Air Transport Services of the agreement. 60 This kind of a broad approach towards services covered by GATS gives more opportunities for finding arguments proving the likeness between services and labour. The primary reason why the present paper focuses on the linkages between services and labour derives from the similarities in definition of the two concepts. As it is noted above, there is no definition of services in the WTO glossary in its current form, but there is a very interesting vision given in the draft version of the glossary which reflects the attitude of states participants of the Uruguay Round of Trade Negotiations to agree upon the terms to be used within international commercial relations. According to the draft glossary of terms: International trade in services is any service or labour activity across national borders to provide satisfaction to the needs of the recipient or consumer. other than the satisfaction provided by physical goods (although they might be incorporated in physical goods), or to furnish an input for a producer of goods and/or services other than physical inputs (although the former might be incorporated in the latter). The importation of producer services and of labour adds value to national goods and services in an intangible manner. [GNS/12, para. 6] 61 According to the same glossary, trade in services means international trade and not internal trade which requires effective access to a market, meaning different types of commercial presence will it be temporary movement of individuals or production of facilities to a more 5. 60 ‘The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines’ , accessed 17.02.2015; For the examples of services meant under GATS see also: LESTER, S., MERCURIO, B., DAVIES A., LEITNER K., (2008) World Trade Law Text Materials and Commentary , p. 602. General Agreement of Trade in Services (15 April 1994), (entered into force 1 January 1995), Art. 1:3(b) < https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_2006.pdf>. 61 Multilateral Trade Negotiations – Uruguay Round, Draft Glossary of Terms, Group of Negotiations on Services, 8 July 1988, MTN. GNS/W/43, is available on [accessed 17.02.2015]. 62 Ibid. permanent presence. 62 59 GATS, Art. 1.3 (b,c).

345