چکیده:
From the very beginning of systematizing electronic commerce in the international arena, the most important issue that emerged was the classification of electronic commerce, especially in the field of digital products, under one of the organization's legal systems, namely GATT, GATS, TRIPS, or a combination of GATT and GATS regulations. The combined system and the TRIPS system did not have sufficient capacity to cover this issue in practice and theory, and in fact, the main disagreement was about the inclusion of GATT or GATS regulations on electronic commerce. The main dispute was between the United States of America and some industrial countries on the one hand, and the European Union and developing countries on the other; so that the first group wanted to apply GATT regulations to electronic commerce and the second group considered GATS regulations more appropriate in this field. These differences of opinion, based on the specific legal and commercial approach of the parties, have continued until now, but it seems that the conditions for accepting electronic commerce as a kind of service are more favorable, and it is likely that in the future, electronic commerce will be subject to GATS regulations.
خلاصه ماشینی:
The main dispute has been between the United States of America and some industrial countries on the one hand, and the European Union and developing countries on the other; so that the first group wants to apply GATT regulations to electronic commerce and the second group considers GATS regulations more appropriate in this field.
٢. Implementing a Combination of GATT and GATS Agreements Another group, based on the nature of digital products, has proposed a combined solution; justifying that these assets benefit from some characteristics of goods and some characteristics of services at the same time, and therefore a composite nature can be attributed to them (62-200661,Wunsch-Vincent).
In addition, the existence of this document can be a trump card for supporters of applying GATT regulations to e-commerce (201091, Crookes&Charles); because many of the goods covered by the agreement are the same digital products that have turned into tangible physical objects.
Regardless of the proposals that have not been well received, The classification of digital products as goods or services, and consequently the application of GATT or GATS regulations, has often been discussed, and accepting either one can significantly affect the current and future trade status of these items.
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