Research On The Legal Issues Of International Education Services Trade

As the fruits of the victory of the Uruguay Round negotiations, the General Agreement on Trade in Services which is playing an important role in the field of international trade in services is very hard to come.On December 11,2001,China formally joined the WTO and has made specific commitments on trade in education services, which marks the legal norms of our educational service trade began to integrate into the world legal system. It is gratifying that, in the WTO/GATS framework, international education service trade in China has developed rapidly and obtained noticeable results.At the same time, WTO/GATS has brought far-reaching effects on China's education system and the international education service trade, and so on. In this context, by combining with WTO/GATS'provision on international trade in educational services, this paper talks about international trade in educational services issues within the framework of the WTO trade in theory and practice.In this thesis, in addition to the general use of empirical analysis, logical analysis, historical analysis and the hermeneutic method, but also integrated use of systems analysis,economic analysis methods,comparative analysis and other research methods to study the legal issues of international trade in education services.This dissertation consists of four chapters:The first chapter is an overview of international education service trade, mainly on the context, development process, basic characteristics, scope and theoretical basis of international education service trade on such issues.This article defines international education services trade as a trade which charge fees across borders with the commercial nature of the teaching activities and the related educational products and educational materials import and export trade, but excluding the teaching activities funded by the Government thoroughly.Chapterâ…¡mainly talks about international education service trade related issues such as the modes of the delivery, basic principles and development trends systematic in WTO/GATS.In the modes of delivery area, CATS delivery on trade in services provisions are applicable to trade in education services, including the cross-border supply-cross-border distance education, consumption abroad-study abroad, commercial presence-and the movement of natural persons outside the school teachers four ways of flowing. And the foreign consumption is the main way of studying abroad. In the basic principles, the GATS in the international education service trade shall comply with MFN, national treatment, transparency, developing country more participation, market access and progressive liberalization principles.Then, this article summarizes and analysis the trends on the future development of international education service trade.And mainly involves some countries'commitments on international education service trade.The third chapter is the focus of the full text and mainly analysis of China's accession to the WTO so far, China's international status of the development of education services trade, pointing number abroad, increasing level of trade and other fields gradually achieved and overall competitiveness, Import and export structure and so the existence of deficiencies, with special emphasis on the area of trade in education services in China exist in a legal vacuum.The last chapter puts forward a few sound initiatives for the problems exiting in the international education service trade in China:First, to stick to the sovereignty of education, international cooperation and progressive liberalization principle; second, to build and improve our education service trade legal system; Finally, to improve our education services for the enormous trade deficit and other issues, some strengthen the discipline construction, supervision and management initiatives.