Study On Legal Issues Of Trade In Maritime Services

As an important component of international trade in services, maritime services hold significant position in our national economy. The further opening-up of our maritime market will promote the development of maritime trade in services. In the same time, maritime service is related to national security. Therefore, in connection with the opening of our maritime market, we should examine our maritime services laws in order to merge with the world. It is conducive not only to perform our commitment in WTO frame to protect domestic trade in maritime services, but also to safeguard national economic sovereignty and security.In addition to the introduction and conclusion, this paper is divided into four parts.The first part summarizes the concept and forms of maritime services, and then analyses the maritime trade barriers. On the basis of international trade theory and the current situation, it reveals globalization trends of trade in services. Liberalization of maritime transport services will inevitably require multilateral legislation.The second Part states the WTO legislation. WTO maritime negotiations and the related resolution explore the process of market opening and limits. WTO legislation is the reflection on international maritime uniform level. As the basic law of trade in services, GATS hasestablished a multilateral system and a legal framework for countries to participate in international maritime services.The third part makes a systematic study on EU maritime policy and its development trend. Maritime legislation in EU is the outstanding achievements of regional maritime law. EU has achieved a common market in general market access and national treatment. Based on the development of the region, its legislation will boost its international competitiveness. To some extent, it is the model of other countries.The fourth part summarizes China's existing maritime legal system and its improvements. After China enter into WTO, we must face up to both opportunities and challenges. This chapter compares our commitments with current market opining situation, and then evaluates the problems of existing legislation. In view of WTO and EU legislation, we should be based on legal harmonization, safeguarding national sovereignty, corresponding to international practices and gradual liberalization. We must establish a reasonable legal system with maritime services market supervise law and other laws. Finally, author put forward some detailed measures to adjust and perfect our maritime services laws.