On Movement Of Natural Persons With In The ASEAN

The Movement of Natural Persons is the forth model of trade in service which was defined in the General Agreement on Trade in Service, whicn means the supply of a service by a service supplier of one member, through presence of natural persons of a member in the torritory of another member temporarily.However,there are some ambivelances in the theory of Movement of Natural Persons.For example,the scope of natural persons is in the controvisal Meanwhile,some difficiences of legal framework witch regulate the Movement of Natural Persons under multilateral trade system still exist.For insistance,the level of commitment of members of WTO is very low.The author put forward the basic theory of Movement of Natural Persons and the economic efficiency arised from this model of trade in service at first place.Then he pointed out the ambivalence of basic theory of Movement of Natural Persons.Meanwhile,the controvisal in the negotiation was clarified and the current situation of negotiation on the Movement of Natural Persons under the multilateral trade system was discussed.Therefore the theoretical framework for the readers' understanding of essence and scope of the Movement of Natural Persons was offered.In the overall,the level of leberalisation of Movement of Natural Persons under multilateral trade system is not high enough and is not compatible with the need for the ASEAN's goal of reginal integration.So, shortly after conclusion of General Agreement on Trade in Service,the members of ASEAN concluded the ASEAN's Framework on Trade in Service within the region to chase the more quickly leberalisation of trade and higher level of intergration.The members made more commitments under the AFAS through several rounds of negotiation to establish the free trade area within the area.On the one hand,members expand the market access step by step,on the other hand,the removement of barriers to the natural person's movement was attached a lot of importance to faciliate the professional's movement.Members signed the ASEAN Declaration on the Protection and the promotion of Rights of Migrant Workers.Though the Declaration is non-binding,the Members expressed the decision to strenthen the protection for the oversea's worker who come from the ASEAN states,then the institutional framework for the protection of members migratory workers and trend in Member's efforts in the future was foreseen through the conclusion of the Declaration. These two international legal instruments composed the main regional legal system that regulate the movement of labours wihtin the ASEAN.Among the members of ASEAN,there are important labour import coutries such as Singapore and Brunei Darussalam,and some of great labour export countries such as Indonesia and Philippines exist within this region also.With the several decades of practice,some of members accumlate aboundant successful experiences for the regulation on the talant import and labour export.So,finally,the author introduced some members'domestic lagal sestem on the Movement of Natural Persons,and some of successful experiences that can be borrowed by China were disscussed as well.Then some strategical suggestions for China to form the comparative advantage for the trade in service in the form of natural persons such as strenthening the coorperation with ASEAN members and completing related regulations and concreted measures were proposed by the author...