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Analyses On The Insurance Market Access System Under The GATS Frame

Posted on:2005-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2156360122995180Subject:International Law
Abstract/Summary:PDF Full Text Request
As other finance service vacations, the insurance has been developed greatly in the global scope during the last several decades along with the course of economic incorporating, and the contradiction and collision between the market opening of insurance service and trading freedom aspects are becoming more and more apparent in many countries. In the Uruguay negotiation, as one of important and leading finance service departments, the controversy about the topic was very ardent. The center of the insurance market access system under the GATS frame, the market access, is the focus of the controversy. But the praxis of dispute did not achieve the response of theory. Up to now, many papers concerned this topic and in which the market access was considered as one item or principle, but few people studied it through putting the market access and the principle, agreement, commitment into one system combining the characters of the insurance. Therefore, the author studies the correlating principle system of foreign capital insurance market access under the GATS frame by analyzing the application of the system in our country based on the practice that the correlating commitments will be realized after China has joined the WTO for 3 years, and points out some advices in various law studying ways, such as approaches of logic abstract, comparative study, worthiness analyzing and history review etc.The main studying process and way of the present thesis are as follows: firstly, the forming cause of the system, history background and legal system base of each member of WTO are analyzed, according to the forming background of insurance market access system under the GATS frame. Secondly, the author generalizes and abstracts the two center factors, namely, worthiness composing and basic principle, in the basic theory of insurance market access system, in which its order, benefit, equity and the relation of those are analyzed first, and then four basic principles are summarized: rolling ahead principle, moderation reciprocity and benefit principle, reasonable protection principle,preventing abuse of market access principle. After that, the contents of insurance market access system is being discussed under the GATS frame and studying its source, basic contents and problems. Lastly, the author focuses on the application in China of the insurance market access system under the GATS frame, analyzes the commitments of our country and the main trouble in fulfillment, and points out some solving methods.
Keywords/Search Tags:GATS frame, market access, system
PDF Full Text Request
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