Study Of Emergency Safeguard Measures In The Gats Regime

With the development of trade in service, WORLDE TRADE OGERNIZATION(WTO)express deep concern for safeguards in trade in service. This paper details Article X ( Emergency Safeguard Measures, ESM) under General Agreement on Trade in Service (GATS ) from following five aspects:Firstly, it reviews the background to ESM from Tokyo Round to Uruguay Round. As the result of Uruguay Round, Article X (ESM) under GATS provides "There shall be multilateral negotiations on the question of emergency safeguard measures based on the principle of non-discrimination. The results of such negotiations shall enter into effect on a date not later than three years from the date of entry into force of the WTO Agreement". But it is so ambiguity that the various parties hold various opinions. The situation postpones the deadline of multilateral negotiations on ESM.Secondly, it discusses the points in question which are about the concept, the necessity and the feasibility of ESM and the arguments held by various parties. There are three reasons for various parties hold different opinions about Article X: the particularity and complexity of trade in service, the less developed liberalization of trade in service and the parties' different economic interests in trade in service.Thirdly, it expands the views of the necessity of ESM in different terms. In trade policy, both free policy and protection policy of trade in service are in accord with the national interest. As a trade policy, whether ESM or not is up to the national interest. Politically, ESM is necessary at national and international politics. And ESM is also necessary in the eyes of the law.Fourthly, it discusses how to construct ESM under GATS. There are two main opinions. One is held by Unite States. The other is held by Association of Southeast Asian Nations (ASEAN). It points out that the construction of ESM under GATS shall basically consult AGREEMENT...