Beyond Gats: Rethinking Services Trade Law For Platform-Based Economies

Abstract

This study examines the limitations of GATS in regulating platform-based economies, explores the challenges of digital services trade, employs doctrinal and comparative analysis, and proposes a reimagined legal framework to balance liberalization, regulation, and inclusion. The rise of digital platforms from ride-sharing and remote freelancing to cloud services and data marketplaces has transformed global services trade. These platform-based models do not fit neatly within the legal and institutional architecture of the General Agreement on Trade in Services GATS, which was conceived in a pre-digital era. This article argues that the GATS framework, although foundational, is increasingly insufficient to govern the complexities of modern digital services trade. It identifies structural limitations of current rules, evaluates member state practices, and proposes a reconceptualized legal framework that accommodates platform-driven value creation, data flows, digital standards, and regulatory cooperation. The article proposes a forward-looking approach grounded in three pillars: (1) digital-centric trade obligations, (2) adaptive regulatory governance, and (3) equitable digital inclusion.