A Study On The Legal Problems Of Market Access For Educational Services Under GATS

The conception of education services appeared long before the founding of the WTO, But the education services was not a real part of the multilateral legal framework until the GATS came into existence. The establishment of GATS had affirmed the exchange ability of the education services in both legally and economicly way. In past 20 years, the founding of GATS has made major changes to the development of the education services industry and kept pushing it merged with the international trend. But most of members under the GATS possess prudent attitudes to the market access of the education services, and most members of the education services market access commitments it is taking a very cautious approach. Promoted by the global mobility of educational industry,different benefits communities whether domestic or international, possessed different opinions about what shall we look on these matters, with a more liberal or a conservative attitude? We may face a lot of difficulties like whether the negotiations about education services could go beyond the frame work of GATS? What are the GATS members’ commitments and opinions about the market access of education services? What’s their attitudes and practice to the access of foreign capital? Which direction will the law in relation to the market access of education services choose to follow? Which kind of legal norms for the market access of education services in our country still are desired and what shall we do to prepare for the problems we might face in the future?These are all the things that we need to contemplate and discussthat we need to consider and discuss.This article mainly analyzes the conceptual framework, theoretical basis and the value orientation of the market access of education services by utilizing their basic theories. Meanwhile, it expounds the fundamental rules and theories of the market access of education services under the provisions of GATS, and summarizes the overall level of commitments of education services and the differences between the members at different development stages. This article also explores the reasons underlying these differences these differences by means of analyzing relevant data and the provisions of international law. With the view of summarizing other members’ different attitudes toward the market access of education services, the author has chosen several members from different levels of development and cultural background, and analyze their commitments and policies with regard to the education services market. This kind of research would be a general reference for our country to improve our domestic policies and laws. In addition, By comparing the difficulties we are confronted with foreign capital access the author analyzed different GATS members’ commitments and limitations about the access of foreign capital which was based on its fundamental content and form. And then find the breakthrough point by analyzing and summarizing the legal barriers we are facing now.This paper is divided into 5 chapters as follows:Chapter 1, “The legal on the market access of educational services.” This chapter not only interprets the theories of the basic legal problems of education services and its market access, but also elaborates on the fundamental legal characteristics and different kinds of educational services from the aspects of the general definitions, domestic and international law point of view of educational services, as well as from the perspective of domestic law. Meanwhile combined with the provisions of GATS in relation to market access, interpreted the concept of market access and the features of the legal issues and values of the market access of educational services.Chapter 2, “Different commitments for the market access of education services in GATS.” This chapter, in combination with the basic rules of GATS and from the perspective of econometrics, provides some quantitative analyses of the commitments of GATS members in relation to the education services are combined.Then it conducts statistical analyses of GATS members’ commitments for the market access to education services by adopting simple and weighted counting method used by World Bank. the commitments to statistical analysis, use simple and weighted counting method of the World Bank, analyzed the members’ commitments for the market access of education services. The developed members, developing members, and the least developed members are all classified in this chapter, which leads to separate conclusions by the author from the overall level of commitments, sub-sector commitments coverage and sub-sector offers.Chapter 3,“The status and attitudes towards the market access of education services of the representative members under the GATS.”In order to study the specific commitments and the members’ actual performance, the author selected some representative countries like United States, Australia, Japan, India and China, and analyzed thesecountries’ politics, economy, culture and their shares at the trade in education servics simultaneously.By summarizing the members’ proposals with open attitudes towards the market access problems,the author have sort out the current level of development, tradition,and the cultural considerations of national interest toward the market access of education services.At the sametime,our country’s attitude and policies regarding the opening of market access of education services are interpreted.Chapter 4, “Foreign investment access on the education services under the GATS.” All the members have exercised caution over the issue of the access for foreign investment on education services as it is related to the development of their educational sovereignty closely, so they have set up a lot of restrictions in their commitments under the GATS. This chapter analyzes the basic theories of the access of foreign investment on education services, and it explains the basic forms of education services of the members, Moreover, it touches upon their ranges, proportions, the request for performance and the approval systems. Meanwhile, this chapter has combined China’s commitments and domestic laws on foreign investment access, analyzes the legal issues related to our country’s education services, and made some suggestions.Chapter 5, “The legal foreground of the education services market access under the GATS.” This chapter explains the negotiations and commitments of the education services under the WTO from the perspective of history and realities, and summarizes the current legal barriers the opening market access. This chapter also expounds the factors accounting for the legal barriers from the angles of public and private education, the quality and certification of education services as well as the divergence of interests of different sides. What’s more, our country’s countermeasures are also proposed in this chapter by discussing the legal systems of multilateral trade, domestic laws, and other international conventions or agreements, At the same time, the author will present our countermeasures.