The Analysis On The Legal System Of Safeguard Measures In International Service Trade

The safeguard measure is one of the three major international traderemedies which importance is self-evident. So far, with the continuousdevelopment of economic globalization, the safeguard measure has beenwidely used in goods trade field and formed law system. While with thefast development of the rising international service trade, the relatedlaw system is not perfect, especially the structure of the service tradesupporting measure. The provisions of Article10in the General Agreementof Trade in Services (GATS) are not practical which just provides theprinciple to the safeguard measures in service trade and needs relatednegotiations to be determined in the future.As to moving forward the rule of service trade safeguard measures toa new step, the members diverge. It is easily to find that the differenceslie in the consideration of national interests and the rivals of politicalforces. According to the character of service trade and the function ofsafeguard measures, it is necessary to build the rule.Lots of countries make specific researches and put forward differentpatterns about the design of international service trade safeguardmeasure.After comparative analysis, the article19in GATT and the rulesin the agreement of safeguard measure is most workable. But at the sametime, we can not neglect the difference between service trade and goodsservice. And the relatives conceptions should be precisely defined in thereferring process, for example the concept of “import increase” and“domestic industry”, etc.Based on the affirmation of safeguard measures in goods, the authorvisualized how to carry out the international service trade safeguard measures, including the type and the implement on different service tradestyles.Studying the service trade safeguard measure is not only to completethe international multilateral rule, but also to provide the referenceevidence of protecting the service trade of China. Despite the greatachievement of foreign trade in service, the problems should not beneglected. In order to protect the healthy development of China’s foreigntrade in service, it is necessary to put forward rationalization proposalas for building and completing the safeguard measures of domestic servicetrade.