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Study On Legal Changes Of China Telecom Industry Under The Framework Of GATS

Posted on:2011-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:W ChenFull Text:PDF
GTID:2166360305981535Subject:International Law
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In the current world, the information technology is developing rapidly at an unprecedented rate, together with other sectors'pursuit of higher quality and efficiency of the telecommunication services, telecommunication carries the task of promoting national economic and social development. China, as one of the fastest growing developing countries in the world economy, its telecom industry is also booming and its sustained and rapid development has made important contributions to China's economic and social development as well as reform and opening up.General Agreement on Trade in Services and its telecommunications-related annexes are designed to pursue the liberalization of trade in telecommunication services, requiring Member States not to use approaches inconsistent with GATS provisions to limit the process of liberalization of trade in telecommunication services. However, the telecom industry and the national security are closely related, while countries open up the telecommunication market, they also have to take into account the importance of safeguarding national security. Since the development of China's telecom industry is in a later start compared to Western countries, the relevant legal provisions are also lagging behind. Inadequate legislation and its associated lack of theoretical research, to a certain extent, has hampered China's telecom industry development, so legal changes of the telecom industry has become what we need to concern.This paper consists of five parts, more than thirty thousand words, and adopts historical research method and comparative research method to make a comprehensive and systematic study of the legal system of China's telecom industry.The first part, entitled as The Basic Theory of Telecommunications Services, studies the definition and classification of telecommunication services, and technical and economic characteristics of telecom industry. Through the classification of telecommunications services, it is made clear that this paper is focused on basic telecommunications services. It is also analyzed that the specific competitive environment of the telecom industry is formed by its technical and economic characteristics.The second part, entitled as GATS Regulatory System on Trade in Telecommunication Services, explains the rapid growth of trade in telecommunication services and GATS regulatory system on trade in telecommunication services. First, the general obligations and specific commitments borne by trade in services under GATS shall apply to trade in telecom services. Followed by Annex on Telecommunication Services, it provides the minimum of the telecommunications market access standards for all its members, determining the foreign service providers are entitled to the use of public telecommunications networks and services. Finally, a detailed study of the Basic Telecommunications Agreement and evaluation of GATS regulation system are made.The third part, entitled as The Rules China's Trade in Telecommunication Services Should Follow, explains after China's accession to WTO, that trade in telecommunication services should follow the rules, including general obligations and specific commitments; puts forward the characteristics of China telecom industry opening up as fully open up in principle, specially retain restrictions in effect.The fourth part, entitled as The Major Legal Obstacles to China's GATS Obligations Fulfillment, points out that China telecom legislation lagging behind telecom services, lack of independence of regulation and concentrated property rights are major obstacles to China's GATS obligations fulfillment.The fifth part, entitled as China's Legal Changes in Telecommunications, studies the course and direction of legal changes of China telecom industry in the GATS framework from the perspective of its principles and objectives, the government functions, market players, market access, competition, operation control, universal service and market exit. Market access, competition and operation control are highly emphasized.
Keywords/Search Tags:Telecommunication Service, Legal Regulation, Market Access, Competition, Operation Control
PDF Full Text Request
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