A Study Of Emergency Safeguard Measures Of General Agreement On Trade In Services

With the improvement of the social productivity and reconstruction and adjustment of industrial structure continuously, the service business is play more and more important role in the world and national economy. As the establishment of"General Agreement on Trade in Service", it became the first multilateral principles and frame systems which regulate service business globally.Article X of General Agreement on Trade in Services regulates"there should be multilateral negotiations on the question of emergency safeguard measures based on the principle of non-discrimination."The Member States of WTO discussed on feasibility and desirability of Emergency Safeguard Measures in the following ten more years, however, there is no materially further progress until now.In Chapter I concern the progress of the negotiation on the Emergency Safeguard Measures and give a comment on the Article X of GATS which is the mandate of the negotiation of the Emergency Safeguard Measures. And forecast the progress of the negation of the based on the analysis of the establishment and development of the Safeguard Measures of the GATT.Chapter II focuses on the desirability of the ESM, and appraises the standpoint of the Member State and proves the desirability of the ESM theoretically and legislatively.After discussing the desirability of the ESM, in Chapter III the actual difficulties which might be confronted in practice of the ESM are analyzed based on the analyses of the characteristics of the trade in service. By reference newest proposal of the ASEAN, some comments are given.Chapter IV focuses on the reason of the position of some Member States on the negotiation of the ESM based on the status of the trade in service of these States. After considering the status of Chinese trade in service, the author gives advice on the Chinese position on the ESM negation.