Legal Movement Of Natural Persons Under The Gats System Regulation

It is with the signing of "a package of agreements", including the GATS, in Uruguay Round, the basic legal framework of international trade in services has initially been built. But compared to the other multilateral coordination mechanisms, GATS agreement is considered of too simple in principles and too abstract in concepts. And compared to the other three modes of services providing, movement of natural persons is facing on a series of problems such as vague definition, needing more improvement on regulations and too low level of commitments. From the definition to the regulation, it requires further refinement and development on the Movement of natural persons study. Topics as the scope of "service" and features of the residence time abroad need to be further discussed and clarified. Legal system for the movement of natural persons consists of subject specifications, related Annex and the Schedule of Specific Commitments. GATS agreement builds a basic framework of the legal system for movement of natural persons, and the Schedule of Specific Commitments of all members which pay obligations, is also a core component of the legal system for movement of natural persons. Movement of natural persons into the WTO system can make full use of their negotiating platform and dispute settlement mechanism, to provide protection for their own development. Nevertheless, due to involved in the core of a country's national security and interests, movement of natural persons thus become the most sensitive issues for all members. Whether in negotiations or in practice, the services providing mode of Movement of natural persons is restricted on the largest and easiest to form barriers. Those members adapt these restrictions measures base on their own interests besides reasonable exceptions. As it is a sensitive topic on immigration administration measures, people discuss less about it. This paper selects four areas for deep discussion and studying, including the concept of features from the movement of natural persons, basic rules, commitments and restrictions, and immigration measures which are closely related to the legal system of the movement of natural persons.