Studies On Legal Issues Of International Trade-in-service Barriers

With the increasing internationalization of production and commodity,internationaltrade-in-service is developing at an amazing speed and has become the key of worldeconomic development in the 21st century .In consideration of domestic economic benefit,most countries take stern policy of trade protection to resist or limit the enterance of foreigntrade-in-service,which forms the trade-in-service barriers. Those barriers have played animportant role in protecting one country`s sovereignty, safty and social benefit. At the sametime.they inevitably divide international service market,limit the free enterance of foreignservice and deviate from the development trend of economic integration andtrade-in-service internationalization. Because the limitation of trade-in-service barriers are not customs or tariff, they arethe resist or limitation of domestic regulation to transnational service.Thus the key ofgradually eliminating barriers and realizing liberalization is to eliminate the limitation inmangement and regulation. As an international trade-in-service code,《General Agreementin Trades 》(Abb is GATs) just tries to eliminate those barriers and realize liberalization.While GATs is only a prudential and compromised achievement by stages, a lot of contentneeds to be definited and improved. Gradually eliminating those barriers needs to facemany challenges and go through a long tortuous course. The thesis analyses the forms.characterisitics,causes and relevant legal regulation of GATs,it first prescribes fromtheory fields to specific field,. then discusses the issues of eliminating barriers, finallyrefers to China`s countermeasures. The thesis aims at the situation that the subject is quitenew and has much blank space.The author tries to study on this profound issue and expectto form an effective exploration on this subject. The thesis has five chapters.Considering the international trade-in-service law isclosely connected with barriers,chapter one prescribes the international service law.Firstit introduces the implication,scope,background and present situation of internationaltrade-in-service.Then it introduces GATs'main legal system and analyses its substanceissues. Chapter two mainly researches on barriers in the legal theory field and introducestheir forms,characteristics and different classifications.In the second section the authoranalyses the causes of barriers and negative effect of barriers policy,as well as the positivebenefit of eliminatimg distorted domestic regulations.This chapter also scans EuropeanUnion,NAFTA,American and developing countries'attitude and concerning policies aboutbarriers The third chapter discusses from theory field to practice field.It first generallyanalyses different barriers in different trade-in-service,then specificly focuses on threetrade-in-service ,as well as studies the causes of barriers according to different services.Atthe same time it researches the future trendency of every service and our country's existingproblems and developing measures.This chapter is a concrete study,because it goes deepinto finance,telecommunications and professional service field,which makes the wholethesis concrete and realistic. Chapter four mainly prescribes the legal issues of eliminating barriers and points outgradually eliminating the barriers is only a relative concept.Open system under the cautiousmanagement will make maximum benefit.Gradually eliminating barriers will face a lot ofresistance.The third section analyses GATs' inherent defects and improving measures suchas how to make every member country perform its duty and specific commitments,coordinate every member country relations as well as reform its legal system. In chapter five the author refers to the future developing trend of trade-in-servicebarriers and China's countermeasures,The author points out the possibility of new barriersand gradual course of elimination as well as our country's limitation...