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Study On The System Of NAFTA Trade In Service

Posted on:2009-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:W HuangFull Text:PDF
GTID:2166360245959301Subject:International law
Abstract/Summary:PDF Full Text Request
At the end of the 20th century, the development of electronic information technology, goods, service and other factors cross-border movement promote the proceeding of the economic integration. At the same time, the development of economic globalization grows rapidly, a large number of regional economic organizations appear, such as the European Union, NAFTA, and the Association of Southeast Asian Nations. International service trade, which is in the trend of regional economic integration and economic globalization develops rapidly, becomes an important part of the national economy and international trade. NAFTA service trade system involves a wide range of, accurate and highly operable rules, which regulates more comprehensive services to the provisions of trade liberalization measures. China is a part of the world economy, which actively joins in regional economic cooperation, and vigorously develops trade in service. By analyzing the rules of the NAFTA trade in service, this paper is comparing our country service trade in the regional trade agreements with the system of NAFTA service trade. And in accordance with China's conditions, combined with the new development of service trade, I would propose the measures of regulating Chinese service trade in the regional trade arrangement; share the benefits of the liberalization of the international service trade.The paper is composed by five parts. The first part introduces the system of NAFTA service trade; the second part and the third part focuses on the specific systems of NAFTA service trade; the fourth part introduces the system of service trade in Chinese RTA; the fifth part compares the system of NAFTA trade in service with the system of trade in service in RTA. I would propose the recommendations of regulating trade in service in RTA.The first part introduces several concepts of trade-related service. First, introduces the definition of service trade, this paper adopts the definition of service trade of GATS, and introduces its characteristics and classification. Service trade is intangible, which is difficult to control and so on. Secondly, the paper expounds the meaning of the rules of service trade and the legal basis of it. And then the paper discusses the establishment of NAFTA and its legal framework, which is composed of the North American Free Trade Agreement, and the two related to the environment and workers of the subsidiary agreements. In this section, it also provides an overview of NAFTA service trade's main framework for the system, which includes the North American Free Trade Agreement Chapter 12 to Chapter 16 of the content, and also compares the North American Free Trade Agreement with the General Agreement on Trade in Service (GATS) in the non-discriminatory principle and certain aspects of authentication mechanisms, sums up the characteristics of NAFTA.The second and the third parts expound cross-border service trade, telecommunications services, financial services, competition policy, monopolies and state enterprises, temporary entry for business persons. Emphasizing on system of cross-border service trade, from its scope to application of service providers, national treatment and the most favored nation treatment deny the benefits in areas. It also focuses on the term of financial services, from its scope to application of basic principle, system of market access. Financial services in NAFTA include bank, insurance, securities services. Measures adopted or maintained by a Party relating to financial institutions of another Party, investors of another Party, and investments of such investors, in financial institutions in the Party's territory, and cross-border trade in financial services. The basic principle is the principle of national treatment and the most-favored-nation treatment. The system of market access includes the establishment of financial institutions and management, cross-border trade in financial services, new financial services and other security system. The financial services provisions of NAFTA have promoted regional financial freedom and provide a reference for the other regional economic organizations in this field.The fourth part discusses Chinese first participation of the RTA, including the Bangkok Agreement, China - the ASEAN Agreement on Trade in Services, the establishment of the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA), China - Chile Free Trade Agreement, China - Pakistan frees trade agreement, China - New Zealand frees trade agreement. And the paper then describes these agreements concerning system of service trade. Analyzing system of service trade of China - the ASEAN Agreement on Trade in Services, CEPA, China - New Zealand free trade agreement.Fifth part compares system of NAFTA trade in services and system of service trade in the RTA .Choosing and analyzing rules of origin on services, specific commitments table, market access and national treatment of service trade. Firstly, in the rules of origin on services, the paper introduces and analyzes the rules of origin on services and its meaning .And then the paper expounds the provisions of rules of origin on services in NAFTA and RTA of China. Secondly, in the table specific commitments, the paper introduces the concept and structure of specific commitments on the table, which compares with the form of specific commitments table in NAFTA and RTA of China. Thirdly, in the market access and national treatment in service trade, the paper introduces the two concepts, their characteristics, and the provisions in the GATS. United States affecting cross-border gambling and services provided Canada the impact of measures in the automotive industry help us to understand the connotations of market access and national treatment in trade in services. Finally, According to the new rules of service trade and the development situation of China, the paper proposes some countermeasures in regulating trade in services in RTA in the future.
Keywords/Search Tags:NAFTA, Trade in Service, RTA
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