ABSTRACT

The constitution of the GATS and the particular form adopted by this trade agreement have been infl uenced by the historical period in which the WTO was established. This chapter contextualizes the creation of both the WTO and the GATS in the post-cold war period and, particularly, in a moment where the idea of disembedded liberalism was becoming more and more predominant. However, as will be observed, the constitution of the GATS was not a process absent of confl ict. Beyond understanding GATS merely as a historical product, the chapter explains the politics, the confl icts of interests and the debates manifested during the negotiations for the constitution of this ambitious and complex trade agreement.