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Study On New Developments Of GATS Rules By The Case Of The "US-Gambling"

Posted on:2011-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2166360305457285Subject:International Law
Abstract/Summary:PDF Full Text Request
As international trade in services is developed greatly, disputes on trade in services also have occurred. As the first real case of trade in services, - "American Gambling Case," triggering the rules on trade in services and the GATS rules, a new round of thinking and discussion. It is the end result in the award process and reveals, in the new situation, GATS rules for the interpretation and application of another new development and interpretation. This had to draw our attention and concern.Currently, the developed countries in international trade in services occupy a favorable position to lead the identity of participating in international exchange and development of trade in services. While the developing countries in international trade in services though to pull the whole disadvantage, but their status is constantly up the process, developing countries in international trade in services, share the fruits of economic development the world's desire to continue to strengthen, making trade in services in many countries The importance of the national economy growing, the field of international trade in services is also broadening. With the leap of development of science and technology, major changes in social structure, international trade in services in the content, form and composition may have undergone great changes. Therefore, all world countries should size up the situation, adapt to changes in the situation, according to local conditions and responded by amending a set of practical interest they can maximize their service trade development strategy.This article briefly introduces the main content and the development of GATS context, from "American Gaming Case" case, analyzing the specific case and the development process, ultimately by the ruling, the GATS rules reveals the specific commitments in the GATS list of the interpretation, application and modification of new developments in the application of GATS domestic regulation of new development and the GATS "General Exceptions" provisions of the new development. Finally, China's service trade circumstances and the situation of China to build new service system and strategy system trading system put forward their own proposals and expectations.The sis is divided into introduction, body and conclusion.Preamble of the main account of the background paper writing and research methods. Today's international trade is the fastest growing areas of trade in services, its very strong momentum of development, growth rate is far higher than the growth of international trade in goods, the length of the focus of the world economy increasingly tilted to the service. Trends in international services trade liberalization, countries have to strengthen the research on trade in services. With the continuous development of national service economy, trade in services will become an important international competition and cooperation in the field. Level of development of a country's service sector has become the measure of a country's overall development level of the benchmark. It was against this background, the service trade of international disputes is particularly attention. "American Gaming Case" GATS trade in services as the first case, the value of their research can not be questioned. Although the final decision in this case the result has been announced, but the case itself from the odor out of the issue or continue to cause people's discussion and controversyBody part is divided into three sections.In the first major chapter, introduces the concept of trade in services itself, the content of primary rules, etc., introduced a large trade in services under the status quo. In this increasingly technological development and progress of new trading instruments and trading of the layers of the emergence of increasingly affecting trade in services, when the overall environment, the emergence of new conflicts and disputes. The new signs, such as cross-border mode of electronic services are delivered in a test of the overall trade in services in the original specification. "American Gaming Case" is in such a complicated situation. This paper introduces the background of the incident, reason, concentrate the focus of debate to focus on every side, compared Panel and Appellate Body's report, which reflected the issues concerning the analysis.The second chapter is the main body of this article, taken out one by one analysis method step by step, from the report of the Panel and Appellate Body proceeding, adopting both cases, the debate on the reasons for the parties, identify and verify the case ruled out the process and results reflect The new development, such as specific commitments form the interpretation, application and the specific changes to the schedules of commitments aspects of exercise of the right new development; national legislation and its specific application and market access aspects of the relationship between the new development; "general exception" to invoke the provisions of its restrictive conditions, and its enlargement to explain new developments. All of these new developments have all attracted the world attention and discussion. All The second chapter is the main body of this article, taken out one by one analysis method step by step, from the report of the Panel and Appellate Body proceeding, adopting both cases, the debate on the reasons for the parties, identify and verify the case ruled out the process and results reflect The new development, such as specific commitments form the interpretation, application and the specific changes to the schedules of commitments aspects of exercise of the right new development; national legislation and its specific application and market access aspects of the relationship between the new development; "general exception" to invoke the provisions of its restrictive conditions, and its enlargement to explain new developments.China, as the case of a third party involved in the case of these, should have realized that this case brought about far-reaching significance, compared to our country's service trade policy status quo, and found shortcomings and make corrections in order to occupy them in international competition advantageous position without delay. So in the third chapter of which, the paper analyzes the situation of China's current trade in services, and construction services with Chinese characteristics and the regulatory system trading system some suggestions.Concluding section of the paper made a brief summary. This article from the "American Gaming Case" case analysis, we are more specific and in-depth case study results show the ruling out of GATS rules and the content related to the new changes and new development, in particular notes that cross-border mode of supply, the use of specific commitments, China scope of the regulation and the invocation of the general exception of emerging new changes on the building while it is consistent with the provisions of GATS trade in services with China's national conditions and the regulatory regime for trade in services with Chinese characteristics, the system puts forward policy proposals and prospects. This is the text of the overall context.
Keywords/Search Tags:US-Gambling, GATS Rules, New Developments
PDF Full Text Request
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