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Studies On The Exception Clause Of GATS

Posted on:2007-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:S W PengFull Text:PDF
GTID:2166360182987861Subject:International Law
Abstract/Summary:PDF Full Text Request
WTO is a gigantic system, the exception clauses of which are very complicated, because they are concerned with every field in WTO, moreover, there are some exceptions in the exception clauses. Theoretically speaking, the studies on WTO exception clauses will help us understand, master and use other clauses of WTO better. In practice, some of the trade disputes during GATT and WTO are related to the application of WTO exception clauses. Thus, the further studies on WTO exception clauses will tell us how to cope with trade disputes and how to protect the domestic industries more effectively to develop the domestic economy.As far as the writer knows, till now, few scholars have studied the general exception clauses of GATS specifically. Relating to the US-Gambling Case which happened recently, this thesis tries to make a preliminary study on the exception clauses of GATS.Firstly, this thesis makes a general introduction to WTO exception clauses, which consists of concepts, classification, jurisprudential basis and the implied legal principles. On this basis, the thesis analyzes the specific rules, objects and purposes of the general exception clauses of GATS. Then, taking the US-Gambling Case for example, the thesis puts great emphasis on how to apply GATS Article 14(a)&(c). Finally, the thesis probes into the developing direction of the general exception clauses in GATS.
Keywords/Search Tags:the General Exception Clauses in GATS, the US-Gambling Case, the Chapeau of Article 14 in GATS
PDF Full Text Request
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