Balancing domestic regulation and trade liberalisation under the GATS: universal access issues in South Africa's telecoms sector

Abstract

The service sector increasingly has become the cornerstone of a great number of economies in both the developed and developing world. The main barrier to trade in services is the imposition of domestic regulations which are aimed at ensuring the affordability, availability and efficiency of services. Such domestic regulations are important for services and the General Agreement on Trade in Services (GATS) consequently recognises the right of countries to regulate in order to achieve these goals. The GATS, however, also seeks to discipline such regulations to ensure that they do not hinder trade in services. This article seeks to assess these seemingly competing interests in the context of South Africa's history and its burgeoning telecommunications sector.