CYIL vol. 9 (2018)

NINO PARSADANISHVILI CYIL 9 ȍ2018Ȏ For the purposes of this paper it is also important not to focus only on the definition provided in the draft WTO glossary of terms, but also to look into Black’s Law dictionary and see what are the common characteristics of the definition of services and labour. According to the definition given in Black’s Law Dictionary labour means – “to work esp. with great exertion”, and the service according to the same dictionary is defined as – “an intangible commodity in the form of human effort, such as labour, skill or advice”. 63 Apart from looking into the dictionaries noted above it is also interesting to see what is the vision of the ILO acting in the capacity of the most competent institution dealing with the promotion of social justice and internationally recognized human and labour rights in defining employed persons: Persons in employment comprise all persons above a specified age who during a specified brief period, either one week or one day, were in the following categories: Persons who during a specified brief period such as one week or one day, (a) performed some work for wage or salary in cash or in kind, (b) had a formal attachment to their job but were temporarily not at work during the reference period, (c) performed some work for profit or family gain in cash or in kind, (d) were with an enterprise such as a business, farm or service but who were temporarily not at work during the reference period for any specific reason. 64 The same idea is put in the proposal of Montenegro about the Law on employment and work of Aliens stating that “Work shall be the provision of services or execution of other forms of work, on the basis of the labour contract.” 65 As it is seen from the analysis of relevant sources, in theory, there is no explicit distinction between services and labour irrespective of the fact that GATS differentiates in between and underlines that: The Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Member, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. 66 Despite the fact that GATS puts emphasis on non-inclusion of employment issues in its scope of regulation, it is obvious that sooner or later when the relevant trade relations develop amongst nations and the providance of services through the presence of natural persons will become more active; the issue of putting employment and labour relations on the agenda of respective panel or appalate body to make decision about possible similarities or differences 63 GARNER, Bryan A. Black’s Law Dictionary, 8 th edition, for the definition of labour please see the p. 890, for the definition of service please see p. 1399. 64 International Labour Organization (ILO) Resolutions Concerning Economically Active Population, Employment, Unemployment and Underemployment Adopted by the 13th International Conference of Labour Statisticians, October 1982, para. 9, is available on [accessed 16. 02. 2015]. 65 Law on Employment and Work of Aliens, Proposal, Montenegro, Article 5, is available on , accessed 25 May 2018. 66 GATS, Annex on Movement of Natural Persons Supplying Services Under the Agreement accessed 16.02.2015; See also: GHOSH, B. “Managing Migration: Whither the Missing Regime? How Relevant is Trade Law to Such a Regime?”, (2007), Proceedings of the Annual Meeting (American Society of International Law), Vol. 101, p. 305. – paid employment; – self employment.

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