Question 1: (50% of the exam)
Explain the elements of the test of consistency with the national treatment obligation contained in GATS Article XVII:1. Refer to the case of US – Gambling: how did the panel and the Appellate Body interpret the national treatment commitment set out in the Services Schedule of the USA? Can a national treatment commitment cover a type of service which did not exist at the time the commitment was made (for instance, because it was not yet technologically feasible or economically viable)?
