On The Construction Of Legal System Of Market Access Of Trade In Shipping Services In China

The Maritime Industry has an intimate relationship with a country's economy, and it is also an important part of International Trade in Services. The Uruguay Round Multilateral Negotiations has established the regulations on International Trade in Services. Because of the big difference in position, the negotiation in Maritime Services was not able to reach an ultimate agreement. But to rejoice, WTO has established a basic law platform –––GATS, and GATS can be completely applied to Maritime Services. With the implement of various kinds of goods trade agreements, there must be a rapid increase in trade amount of goods, which will promote the goods transportation by sea. That makes the opening of Maritime Services to the world a attention-getting problem. Now our country is a member of WTO, and new multilateral negotiation is in the agenda. Undoubtedly, Maritime Services will still be focal point and difficult point. Since the opening of Maritime Services is inevitable, it seems especially necessary and urgent to comprehend legal institutions related Maritime Services of WTO more deeply and analyze the condition of our International Maritime Services, so as to come up with reply measure promptly and properly, and promote our Maritime Services to a rapid development. My article adopts many kinds of analysis methods including numeral analysis, compare analysis, value analysis, etc. My article discusses questions from the theory to the reality, from China to foreign country, from exterior to interior, and from one to another. I do my best to discuss questions clearly, fully and rigorously. Through analysis, I put forward the value position and legal system building of our maritime market boldly and originally. Its perspective is novel, standpoint is distinct, and the demonstration is powerful. I believe it will have some consultative meaning to the institution building of our Maritime Service Market. My article has thirty-two thousand words altogether, including introduction and four parts: Part I, the Liberalization of International Maritime Services. In this part, the situation of International Maritime Services and Maritime Services Barriers are introduced in detail, pointing out that although the existence of Maritime Barriers has inherent reasons, the worldwide liberalization of Maritime Services is general trend indicates. Part II, the Regulations of Maritime Market Admission in GATS. First, I sum up the regulations related Maritime Services in WTO system, esp. in GATS. Then, I analyze the nature and connotation of Market Admission, pointing out that its nature of concrete promise cause the dispute between the developed country and the developing country. And make a reasonable calculation of the negotiation content henceforth. Part III, the Comparison of Maritime Admission Legal System in Main Maritime Nation. The Maritime Legal System of Europe, Japan andAmerica are introduced and compared, as a foreshadowing of the next part. Part IV, the Building of Our Maritime Admission Legal System. This part is the emphasis of my article and has the biggest length. Through the introduction of our Maritime Industry and Market Admission, I fix the present objective of our Maritime Industry, and then put forward four proposals to the point.