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Study Of The Gats Market Access For A Number Of Legal Issues

Posted on:2005-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z GuFull Text:PDF
GTID:2206360122985381Subject:Law
Abstract/Summary:PDF Full Text Request
Trade in services, together with trade in intellectual property and trade in goods, is the main field in international business. As a new form, trade in services has attracted the eyes of almost all the nations and regions. It was the first time that trade in services was on agenda of multi-national negotiation in Urugray round from 1986—1993. And finally it came to a conclusion—General Agreement on Trade in Services(GATS). The first basic law in international trade in services came to its naissance! From then on, the regulation on trade in services was brought into a multi-national way.The fact is that the service industry develop imbalancedly in different countries and trade in services is quite complicate itself, which caused disputes and conflicts. And at the same time, GATS is quite immature and has lots of problems, it's necessary to further study it.Market access is the basic problem in international trade in services, as well as the most important one. To solve the problems in international trade in services, what we are supposed to do first is to solve the market access problems. Only when this problem is solved, can it be possible for the further development in international trade in services, can it accelerate the communication and co-operation among countries, and can it finally speed up the development of the international economy.Market access is quite complicate , and there are different ideas on it. They agree on the finally aim is to bring liberty in trade in services while diverge how to solve the problem.My article tries hard to find out the reasons which caused the market access problem. There are three important reasons: the economic foundation-only when the trade in services has come to develop among different countries; the organizational foundation-the foundation of WTO and WTO has taken it as one of its topic; the theories—GATS and the theories on liberty and protection.After having studied the GATS and other documents of WTO, the author thinks that market access in GATS is neither principle nor obligation. It is how to realize the liberty of market, in nature, it is the control and management of a government.After defining market access in GATS, the author studies different attitudes and practice in different countries comparatively, the regulations in GATS and the practice and regulations in China.The author think it is the narrow eyeshot and the practice eager for quick success and instant benefit that cause all these problems. GATS, as a conflictory and transigent result, it has so many problems that it can never be solved. And in China, there are so many problems both in service industry itself and the management from government. The main problem is market access!To solve the problem, we must take actions not only multi-nationally and bi-nationally. The author suggests to set up a special committee on market access in WTO, which can have enough power and the ability to negotiate market access problems timely and effectively. To China, what we have to do first is to set up a criterion which is the only one to evaluate our management on market access. Secondly, reevaluate the service industry in China to find out which is preponderant and which is integrant. And take different measures to different fields. Thirdly, we must follow the WTO rules strictly and make the best use of exceptions and the way to affirmative acceptance to gain time and chance for the weak fields in services.
Keywords/Search Tags:trade in services, market access, national treatment, international competitive power
PDF Full Text Request
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