Study On Legal Issues Of Domestic Regulation On Telecommunication Services

Given the importance of the regulatory dimension in the liberalization process,"domestic regulation"becomes an important field of WTO law and plays a key role in liberalizing services markets. GATS provide general and specific disciplines for telecommunications sector. However, there remains open question on how to strengthen GATS disciplines without unduly curtailing national regulatory freedom."Domestic regulation"is the key point in US-Gambling and Mexico-Telex. Moreover, domestic regulation measures sometimes are improperly restricted or abused in practice. Based on economics, jurisprudence, and politics and so on, the first part of this thesis tries to analyze the basic issues of domestic regulation on telecommunication services theoretically, giving a general introduction of"domestic regulation"and"telecommunication services". In the second part, this thesis focuses on GATS general and specific disciplines for telecommunications sector, proceeding empirical analysis of GATS VI along with several WTO cases, i.e. US-Gambling, Korea-Beef, Mexico-telecoms, EC-Selected Customs, Brazil-Retreaded Tyres. As the most developed economic entity of telecommunication services trade in the word, EU has forwarded on the road of telecommunication liberalization for decades. Its reformation and achievement of domestic regulation on telecommunication sector are focused on in the third part of this thesis. At last, this thesis review different developing stages of China's Telecommunication Industry, and then point out the disadvantages and challenges. The writer suggests that China should actively engage in the future discipline development, increase regional cooperation, adopt appropriate policy, improve its domestic regulation system, pay attention to the importance of transparency and governance clarity in legal construction, establish independent telecommunication regulation body. Moreover, this thesis reckons China should actively be involved in the pre-discussion of future disciplines and keep an eye on the initiatives brought up by other members, meanwhile strategically take part in international standards making process and mutual recognition negotiations, so as to ensure both institutionally and technically the healthy development of telecommunication services in China.