Study Of Offshore Outsourcing Of Legal Issues

With science and technology advancement and further globalization of the world economy,the transform and international cooperation of the services sector become a noticeable trend as indicated by services offshore outsourcing.The development of services offshore outsourcing is creating a more efficient global division of labor force and therefore brings significant economic gains for many countries.China has also focused on developing services offshore outsourcing in order to expand trade in services and enhance modern services industry.The General Agreement on Trade in Services(GATS),which concluded during the negotiation of Uruguay Round,was the first multi-lateral principles and rules to regulate international trade in services,providing promotion and guarantee for the development and further liberalization of trade in services.The GATS framework, however,still need to be improved as to regulate services offshore outsourcing which is the dynamic area in current international services trade.Upon above-mentioned circumstances,this paper mainly discusses some key issues on GATS framework regulating services offshore outsourcing,such as the division problem between GATS mode 1 and mode 2,the defects of current Service Sectoral Classification List,the applicability of rules of origin with regard to services offshore outsourcing and the limitation of GATS commitment model.At last,the author offers some specific advices on improvement of legal environment for development of services offshore outsourcing in our country.The dissertation is organized in a straightforward way with five chapters in addition to the preface and conclusion:ChapterⅠis a brief description of services offshore outsourcing and the author also identify some relevant concepts,such as Outsourcing,Services Outsourcing and Services Offshore Outsourcing.ChapterⅡis about the division problem of GATS mode 1(cross-border supply) and mode 2(abroad consumption).This chapter mainly focuses on the ascription of those specific services sectors such as E-commerce,financial services,IT and BPO to explain the division of the two modes and the problems arising herein.ChapterⅢpresents an analysis on the defects of current GATS framework, specifically on the Service Sectoral Classification List and the rules of origin in services offshore outsourcing. ChapterⅣintroduces the current commitment model to the GATS specific commitment schedules.An analysis is also given to the two commitment models, which intend to guarantee higher-level liberalization on cross-border trade in services.ChapterⅤpresents a description of current status in respect of services offshore outsourcing in China and points out the opportunity and challenge to develop offshore outsourcing service industry from a practical view.Finally,the author advises some legal steps and measures to be taken to improve the legal environment for developing services offshore outsourcing in our country.