The Gats In Developing Countries Special And Differential Treatment Issues

The concept of special preferential to developing countries emerged as soon as multilateral trade system came into being. However, it was not until the Uraguay Round that the concept was take into full consider-ation. The importance and necessity of special preferential to developing country was not only emphasized in the preface of a series of individual documents of Uruguay Round, but stipulated in special provisions of the main body without exception. During the Uruguay Round, special pref-erential to developing country was provided in detail by General Agree-ment on Trade in Services due to high sensitivity arid extreme unbalance of trade in service. Framework agreement as well as annexes and sched-ules all give full consideration to the benefit of developing country. On the basis of elaborating the formation and content of special preferential to developing country, the article will not only consider it deeply in terms of jurisprudence and point out its developing tendency, but also give some suggestions on how to establish and consummate Chinese laws and statutes of international trade in services in view of the defects of Chinese legislation on the special preferential of international trade in ser-vices.This article is composed of five sections. The first section is on in-troduction. It indicates the necessity and practical significance of the re-search on preference treatment to developing country in GATS.The second section is a survey of special preferential to developing country in GATS. At first, the definition and analysis of special prefer-ential to developing country are given, then the forming process of spe-cial preferential to developing country in GATS is expounded.The third section is about the content of special preferential to de-veloping country in GATS. It includes two parts: principle provision and concrete provision. The former is stipulated in preface, which is mainly about the principle of promoting the development of countries and the principle of progressive liberalization, and the latter is provided in the clauses of framework, annexes and specific schedule.The fourth section is about law value on special preferential to de-veloping country in GATS. The special preferential in GATS embodies not only principles of economy sovereignty, equality, mutual benefit, and global cooperation, but also the law idea of freedom, security, e-quality and whole interest.The fifth section is about Chinese legal countermeasures to special preferential in GATS. After the introduction of the development of Chi-nese international trade in services, there are legal countermeasures aim-ing at the defects in Chinese legislation on international trade in services. It includes taking an active part in negotiations on international rules and promoting to make domestic legislation perfect.The conclusion part is an expection on special preferential to devel-oping country in GATS, On the basis of analysing the actual effective-ness of preferential treatiment developing country in GATS, it predicts its future tendency.