| Since mid-80s, free international trade of service has been becoming more and more important, which is the reflection of the development of globalization and international free trade. Meanwhile, the multi-lateralization of laws on international trade of service is necessary for the free trade of service globally. The multi-lateralization of laws on international trade of service was initially realized with the birth of the World Trade Organization, the new Multilateral Trade System. A series of legal principles, rules and procedures are set by GATS, including the unconditional Most-Favored-Nation Treatment, its cornerstone, and the Specific Commitments on market access and National Treatment, its core.China has become one member of WTO, an economically important country, and played an irreplaceable role to world economy. With the rising importance of service industry in world economy, the competitiveness of service is becoming the world focus, numerous profits in service trade and great contribution to one country economy have been recognized by all countries. So it can be foreseen, in the future with service economy's development, service trade will become the important domain in international competition and cooperation. Any country who wants to improve its economic status, and succeed in the international competition, must improve its competitiveness in service industry, and must face the tendency of market opening up. The assignment of GATS means we should act as the promise we made according to GATS. As a country whose competitiveness in service industry is weak, we should pay much attention to it and take full advantage of beneficial provisions in GATS to open our market systematically to protect our service industry. In this situation, we should understand the effect of the free trade of service correctly, understand the tendency of the trade of service, and work out a strategy to develop our service industry scientifically. We need to follow the Multilateral Trade's Laws, and draft corresponding laws, based on the Chinese service industry status, and the characteristics of the free trade of service.In conjunction with the GATS and "Foreign Trade Law", which came into effective since July the 1st 2004, I will discuss the legal issues on the development of our international service trade in five parts. The issues are related to Most Favored Nation Treatment, Market Entry, and National Treatment. The 1st part is the overview of trade of service from both global point of view and the view point of China. It describes the basic concepts and features of the multilateral laws, and the development of international free trade of service, as well as the current status and challenges of Chinese service industry. The 2nd part analyzes the basic concepts, features, and exceptions of Most Favored Nation Treatment, and our current status of applications on the Treatment, and makes corresponding proposals. To insist on the unconditional Most Favored Nation Treatment is essential for us to enter into foreign market successfully. Meanwhile, it is also a great challenge to our domestic service providers, because the favorable treatment given to one treaty country of the WTO will be automatically applied by other members of the organization. We need to be very serious on the study of related rules and regulations, and make rational protection on domestic service sector based on the exceptions and special protection terms applicable for developing countries.The 3rd part analyzes the principles of market entry, Chinese regulations on market entry, and necessary adjustments to comply with WTO regulations. We can take the advantages of being a developing country to make corresponding legislation to protect our service industry according to the GATS. At the future negotiations on our duties under WTO and GATS, we should negotiate the scope, schedule, and depth of market opening based on the favorable terms given to developing countries and the exceptions of government purchase, general exceptions, and security e... |
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