Trade In Education Services. Under The Gats Framework Of Legal Research

As a part of service trade, educational services are subjected to the General Agreement on Trade in Service (GATS). Within the framework of GATS, the international educational services cover such five categories as primary education, junior education, senior education, higher education, adult education and other educations, with four modes of service trade (cross-border supply, consumption abroad, commercial presence and movement of natural persons).GATS demands its member parties make commitments in the form of Schedule of Concession and Commitments on Trade in Service according to their own national conditions, which consist of horizontal commitments and specific commitments. The former is applicable to all sectors including education, while the latter is to undertake concessions and commitments on the commitments and restraints of market access and national treatment in the specific sectors. It expounds the concrete four modes of services in specific fields.The fact that China's entry into WTO, signing GATS and making the commitments to educational services trade will definitely have extensive and profound impact on Chinese educational services.China's trade in educational services has enjoyed a rapid growth in recent years, while the whole education industry is still relatively weak comparing with the most advanced countries like USA, UK, Australia and so forth. It is inevitable for China to meet both chances and challenges as opening its domestic and overseas market of educational services.It is, however, an unchangeable tendency that the world trade in educational services will strikingly increase and the international interaction and cooperation in the related fields will be definitely strengthened as a result of economic globalization and wide spread of information technology.Hence, we must change out-of-date ideas, strengthen institutional reform of education, take pace to cultivate excellent persons and enhance the development of trade in educational services by means of introducing high-quality educational resources abroad and making good use of advanced administrative experiences in education.Therefore, in sense of both theory and practice, it is important and far-reaching for China to conduct legal researches into the legislation and trade rules of educational service trade in GATS context.The thesis, at first, introduces the related conceptions, categories and characters about trade in educational services within the framework of GATS, and illustrates the four modes of service trade and the requirements for commitments. Furthermore, it analyzes the binding forces by the basic principles of GATS to China's legislation. Based on a large amount of data and concrete evidences, the paper explores the actuality about the development of Chinese educational service trade by comparing the similarities and differences with that of some other countries committed to GATS, such as USA,UK, Australia. Then, it examines the concrete commitments and restraints for educational service trade undertaken by China, from there perspectives of five categories, four modes of service trade, and barriers via market access and national treatments.On the theoretical foundation of law concerning international trade services and education, the thesis analyzes the legal systematic framework of educational service trade in China by comparing with that of some other WTO member countries, and attempts to probe into some hot problems. Finally, it brings forward the Countermeasures by which our states enforce and improve the educational service trade, and gives suggestions to reconstructing related legislation.