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On Building Safeguard Measures System In International Services Trade

Posted on:2012-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y B LiFull Text:PDF
GTID:2166330335456009Subject:Civil and Commercial Law
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Since the eighties of last century, with the rapid development of the global economic, trade patterns are diversified. As a new trade industry, international trade in services has a more rapid development to trade in goods. And the modern international trade in services is showing a variety of features. However, beyond the international trade legal system, the regulation in services trade is not very perfect. Especially as one of the trade remedy system, the system of safeguard is absence.As one of the international trade remedy system, safeguards system is essentially different to anti-dumpling and countervailing. It is mainly for domestic damage what caused by fair international trade. It has an important significance for the protection of the healthy development of the national economy of a country. The field of trade in goods has been legislate "Safeguard Agreement" as the representative of the safeguard system, but the area of trade in service is difficult to reach a consensus, although the negotiations among the WTO members has been for years. WTO members put forward different ideas on whether and how to establish safeguards system beyond one's basic position.By analysis of the differences of the propositions to building protection measures in trade in goods of the members, we found that safeguards measures play a role as "safety valve" in international trade. As in the field of trade in goods, safeguard measures in the field of services will take a appropriate time for the members with less competitive to adjustment its industry, then those members will not face external competition and sudden standstill. Meanwhile, build a safeguard system in trade in services is not only conducive to greater trade liberalization, but also conducive to the interests of all members. Build the safeguard measures is necessary to trade in services.It has a great significant to build safeguard in services, so WTO members and scholars in those counties has been pay close attention to it. But because the interests of members involved and other issues are difficult to unity, it is necessary to seek a compromise among the views of members.All WTO members has made a variety of programs to build safeguard measures in the field of trade of services, what can be attributed to two modes. One is to incorporate safeguard measures into the GATS system of rules, making it as a subsidiary of GATS. However, this model is not take the special nature of trade in services into account, so it has no value to the field of the trade of services. After all, trade in services itself has a certain characteristic, and the program which members proposed is based on their domestic interests. To build a suitable safeguard system which can meet every member's interest, it is necessary to take the characteristics of trade in services and the differences among members into account. Considerate of these factors comprehensively, the program to consult the rules of the system of trade in goods which ASEAN support is feasible. Beyond this proposal, the system will be parallel to the GATS. After all, the rules of safeguard measures on trade in goods have been built a longer time, more comprehensive level of development. Moreover, it is easy to find, the system will have some drawbacks if it attached to the GATS system. The best program is make a agreement which be parallel with GATS.Take the similarities and differences between the trade in goods and services into account, if we want to know how to improve the system of safeguard measures on trade in goods make it suitable for trade in services, we must to understand the basic situation of rules of international trade in services and goods. GATS plays an import rule in the rules of international trade. As the first multilateral framework agreement which be applicable to the trade in services, GATS has opened a new era of liberalization of trade in services, and Drovides a reasonable framework for the development and dialogue of the negotiations on trade in services. Members can fully express their own view in the development of service trade measures. And provide a certain rules for building the safeguard measures in trade in services too.Meanwhile, the rules of safeguard measures in trade in goods have been mature what have a perfect provision on the purpose for the implementation of safeguard measures, conditions, implement procedures, monitoring remedial mechanism. Then the safeguard measures on trade in services can use these as a source of reference. What WTO members need to do is make coherence beyond this basic.However, the safeguard measures, after all, just to provide a temporary period of domestic industries to adjust to adapt to the international competitive environment. A healthy development of domestic industry can not be too dependent on this measures, only make it as a temporary protection. Improve the international competitiveness of domestic industries is the best way to the development of the domestic economic.
Keywords/Search Tags:trade in services, trade in goods, safeguard measures, trade liberalization
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