There could seem to be at least two policy considerations that may have informed
such a choice. First, unlike Article XI GATT, which not only defines the
circumstances under which access is to be deemed to have been denied, but also
contains the material commitment that outlaws all quotas, Article XVI is only
structural. A Member is not obliged to make any commitments in relation to
services. Further, when it makes such commitments it can restrict them in any way
it wishes (e.g., gambling, with the exception of Internet gambling). Thus, the
Members have great autonomy to decide the extent of their market access in the
way they draft their commitments. But once given, they should be held strictly to
their bargains.