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The Research On The Building Of ESM System Of International Service Trade

Posted on:2011-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:C HuangFull Text:PDF
GTID:2166360305951570Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the 60s of 20th century, the world has entered the electronic age.Countries had a giant leap forward in the development of communications, transportation, and personnel exchanges. In the meantime, economics and trade among countries,either in a regional context or on a global scale, are in a rapid process of integration. These factors promote or stimulate the development of international trade in services. With the share of trade in services being an increasing proportion of international trade, safeguard measures in services trade at home and abroad in recent years has also become a new area of universal concern. In the international area, "the building of Emergency Safeguard Measures (ESM),as a part of the General Agreement on Trade in Services"(GATS), triggered a fierce debate between developed and developing countries. The special nature of trade in services itself, as well as the different interests and positions that developed and developing countries hold, making negotiations on Emergency Safeguard Measures system difficult to have break. Developed countries are strongly against the Emergency Safeguard Measures, making sure that they can carry on their so-called free trade. But, in the same time, many developed countries have established multilateral and bilateral treaties on trade in services is no lack of ESM's presence. To further promote the development of the liberalization of trade in services, and to reduce WTO members, especially developing members, of the worries, the formulation of ESM system is necessary. China's service trade in international competitiveness is not strong,we are in the same need for ESM to protect China's trade in services in disadvantaged sectors.The special nature of trade in services derived from the special nature of the service itself:service is a special "commodity"which is different from normal goods Thus, regulations for trade in goods can not completely be copied in the ESM.Although after a decade of tough negotiations, all members of the ESM still can not reach an agreement about the necessity and feasibility of major issues for ESM.In this paper, we start from the concept of Emergency Safeguard Measures and the features of it, and then attempt to question the necessity and the for Emergency Safeguard Measures.Then we take GATT Article 19 and the feasibility of Emergency Safeguard Measures.The we give an approach on a preliminary framework for Construction of ESM system. Meanwhile, we also give suggestions on the improvement of China's legislation on ESM, as well as some recommendations for other Corresponding measures on ESM.
Keywords/Search Tags:Trade in Services, GATS, Emergency Safeguard Measures (ESM)
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