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Research On The Trade In Services Concerning The Regional Economic Integration

Posted on:2007-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:X F WangFull Text:PDF
GTID:2166360212473502Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The boom of regional economic integration and the upsurge of trade in services are the most important characteristics of international trade with different dimensions after the second World War especially in the era of post Uruguay rounds.On the one hand, the number of regional economic integration organizations has been dramatically increasing. And on the other hand ,as a brand-new type of international trade and a typical symbol of industry advancement, the trade in services has been the focus of spotlight among many nations. With more content of trade in services incorporated into regional trade agreements, we should take up the emphatical research about the legal issues of international trade in services during the regional economic integration. Nowadays China has realized the importance of taking the initiative during due course and also has begun to launch negotiations about FTA agreements and to consult with countries interested to set up Free trade Areas. Among others, the economic integration of trade in services is included. Therefore, the paper expounds theoretically and empirically the relevant legal issues of regional agreements of trade in services and puts forward some useful references for the benefit of China's participation in the economic cooperation and the law-making of regional trade in services.As the fruit yielded by the multilateral trade in services, Article five of WTO agreement stipulates the issues of regional trade in services which include such seven aspects as'covering many sectors','lifting substantially all discrimination','integrated with external barriers among members'and'service providers and origin','inform, inform, review and monitoring','the economic integration among developing countries','labor market integration agreements'. The seven issues above is about the legitimacy of the agreement of regional trade in services within the multilateral legal system ,about the intercommunity of almost all agreements of trade in services and also inevitable legal issue concerning the relationship between multilateral system of trade in services and regional system of trade . So we should carry out emphatical research and also consider about the perfection of Article 5 of GATS and the strategy of China's participation in the regional trade in services . Aiming at the problems brought out above ,the paper is composed of four chapters, adopting such research methods as dialectical materialist theory\comparative analysis\historical analysis\case study\induction\deduction.. Main content and conclusions will be listed as below: Chapter one is about the introduction of the legal system of trade in services during the regional economic integration. 1, The development of regional economic integration and the incorporation of trade liberalization in services . 2, The conception \sources\characteristics of regional trade in services. With regard to the characteristics, two levels are distinguished: first analyze the characteristics of trade agreements in services of every economic integration organization. And then generalize the common features of regional trade agreements in services. 3, The main content of institutional arrangements of regional trade agreements in services by GATS.Chapter two is to analyze three substantial legal issues of regional trade agreements in services . Inter alia, the issues about'covering many sectors','lifting substantially all discrimination'and'integrated with external barriers among members'constitute corresponding chapter respectively. Two steps will be taken: first is to analyze the relevant conceptions, theories, existing problems and its solutions from the perspective of jurisprudence, and then analyze the trade agreements in service of EU\NAFTA from the perspective of case study.Chapter three is to analyze the other issues of regional trade agreements in services ,inter alia,'service providers and origin','inform, report, review and monitoring','the economic integration among developing countries','labor market integration agreements'. The chapter arrangement will be similar to chapter two, namely, each issue accounts for a section and is also divided into two steps.Chapter four will mainly produce some legislative suggestions concerning Article 5 of GATS and analyze the relevant legal countermeasures which China should adopt during the course of participation in the regional trade cooperation in services. The main conclusions of the paper are :1,the degree of liberalization of regional trade in services has been far beyond the level of multilateral trade in services notwithstanding relevant stipulations of key economic integration organizations fall short of the requirements of Article 5 of GATS.Therefore, the regional trade agreements in services can promote the multilateral development of trade in services.2, Developing countries should be gifted with more flexibility to take part in the regional trade agreements in services, thereby promoting the development of economy and trade of developing countries and providing the sound platform for the multilateral cooperation; and the agreements between developed countries should be under strict regulation and supervision according to the requirements of Article 5 of GATS. 3,The legal countermeasures of China's participation in the regional trade agreements in services are mainly to research and utilize the institutional arrangements of Article 5 of GATS, to research and absorb the advanced experience of trade agreements in services of other regional economic integration organizations ,to perfect the law on foreign trade \the management system of trade in services and the system of statistics ,to uphold the rule-oriented and hard-law mechanism ,to participate and rein the stipulation of EIA and influence positively the legislative direction of future multilateral trade in services ,and to map out the regional economic integration blueprint featured with multi aspects of levels and regional coupling .
Keywords/Search Tags:Regional Economic Integration, Trade Agreements in Services, Article 5 of GATS Jurisprudence, Empiricism
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