Determination Of The Origin Of The Trade In Services

Nowadays, the global economy shows in-depth development, and the service trade takes a rapidly expanding part in the world economy, with a growth much faster than goods trade. General Agreement on Trade in Services generated in this economic developing background, and it is the first bilateral rules and framework system on international service trade worldwide. The domain of service trade has been a hot research issue payed close attention by scholars both inside and outside of our country, however, there's few people interpret the rules of GATS meticulously, especially on the basic theory of origin rules for services. Given the current status of such research, the point of this thesis is to do preliminary research on this issue.This thesis is composed of three sections: introduction, text and conclusion. The text is discussed in four chapters:The first chapter is an overview of the origin rules for services. Firstly, there's a brief introduction on the conception of origin, rules of origin, the source of origin rules and the absence status of origin rules for sevices. Then, through summarizing the characteristics of origin rules for serives to elaborate the necessity of establishing the origin rules for services and the reason that the origin rules for goods can not be used directly on the domain of service trade.The second chapter is the analysis of origin rules for services under the treaty of GATS. Firstly, this section introduces four service supply modes divided by GATS, and then divided them in two types to trace their nationality. This section focuses on identifying the origin of corporative service provider, especially in the case of commercial presence, to seek the origin of service should distinguish among a variety of situations. The author introduce "the third case of EC banadas" and "the case of Canadian automobiles" to make empirical analysis and summary to these standards. The third chapter makes Comparative Study through analyzing origin rules for services both in FTAS and Chinese laws. This section summarize and evaluate the rules of origin for service trade both in NAFTA and EC, and focus on the Chinese rules of origin for services represented by CEPA, and make brief evaluation at last.The last chapter introduces Substantive Input Standard to solve several difficult situations in current origin rules for services under GATS. The author refers to the value-added criterion in the region of goods as the specific applicable standards in Substantive Input Standard, to analysis the Rationality, Feasibility and Barriers that may exist in reality of Substantive Input Standard, and put forward my thinking and confusion. At last, the author considers that these issues can not be solved in short time, they depend on more attention to academics and members of the GATS negotiations on further.