On The National Treatment Principle In Our Country's Trade In Service

As one of the important principle of WTO-----national treatment plays avery important role in the frame of WTO law. It was firstly applied to GATT, and then was enlarged to TRIMs, GATS and TRIPs. Compared with its character in different filed, National treatment applied in the field of trade in service have some new legal characters, that is: National treatment in GATS is a specific obligation; well it is a general obligation in GATT. Its applicable range is enlarged, that is it not only applied to the service but also applied to the service provider. It emphasizes the equality of competitive opportunity, not emphasizes that the treatments given to the foreign service provider is identical in face looking to domestic service provider or not. Making a good understanding of the meaning of national treatment in GATS will do a lot help for the development of our country's trade in service.Now, there is a debate among the scholars in the field of national treatment research .The debate focuses on whether national treatment could be applied to the foreign service provider in the phase of market access and how to deal with the problem of superior-national treatment and sub-national treatment existed in our country's trade in service. In the article there is an analysis on whether national treatment in trade in service could be applied in the phase of market access, and the relationship between national treatment and market access in GATS. The article points out clearly that national treatment principle could be applied to the phase of market access in the trade in service. Apart from that, this article also introduces the current treatment and the national treatment restricts given to the foreign service provider in the phase of market access and operation in the trade in service, and gives the answer on how to carry out national treatment in the phase of market access and how to deal with the problems of superior-national treatment and sub-national treatment in the phase of operation. All of these measures offered by the article may give some reference to our government in the future negotiation on the freedom of the...