The GATT and the GATS: Should They Be Mutually Exclusive Agreements?

The GATT 1994 and the GATS contain separate multilateral rules on trade in goods and services. The question arises as to whether the GATT 1994 and the GATS are therefore mutually exclusive. This paper argues that the GATT 1994 and the GATS should be mutually exclusive in the application of their respective obligations to the specific aspects of any given measure. The paper offers a test, based on a similar test applied under EC law, to determine which of the agreements should apply to the specific aspects of any given measure where it appears to affect both trade in goods and services.