The Conflict And Coordination Between The General Exception Clause Of Gats And Free Trade In Service

GATS (General Agreement on Trade in Services), the general agreement on trade in services, is the inseparable part of the WTO agreement. So definitely GATS is to fulfill the free trade area of trade in services. However, GATS Article14(the general exception clause) appears to limit the liberalization of trade in services, but in reality trade liberalization is also reflected in the GATS. This article start from the introduction of the "American network gambling case", through the conflict analysis between the general exception clause of GATS and the freedom of the trade in services, focusing on how to make the better terms to ensure the attainment of a balanced development of the freedom of trade in services, as well as our country how to avail himself of the general exception clauses to better safeguard their own interests.In the paper, the text includes three parts, such as introduction, text and epilogue. And the text includes three chapters:The first chapter includes two sections, respectively GATS general exception clause and free trade in services are discussed in detail. Section1introduces the concept of the general exception clause of GATS, where applicable, the focus of attention and development trends. Emphatically illustrates the "necessary" of invoking the general exception clause of GATS. Through the exposition of the freedom essence of the trade in services, Section2illustrates where the freedom of trade in services embodies in GATS.In second chapter, the conflict and coordination between the general exception clause of GATS and free trade in services are discussed in detail.First introduced the application of GATS Article14in the WTO; Secondly analyses the causes and performance of the formation of conflict between the general exception clause of GATS and free trade in services, such as "public morality" into the ideological factors, as well as the general exception clause became the excuse for protectionism and change of the most-favoured-nation treatment. Finally, through the analysis of the conflicts between them, put forward the difficulty in the process of coordination and coordinated approach in the current situation.The third chapter is divided into three, analyzed the liberal position and countermeasures of China’s service trade under the general exception clause of GATS.The first section combined with the application of the general exception clause in our country in the "publications and audiovisual products in China and the United States", illustrates the problems and the enlightenment when our country applys the terms for the first time. After a simple introduction of the present situation of China’s service industry, the second quarter analyzes the impact of free trade in services to our country service industry from the positive and negative two aspects, as well as the challenges and implications in the development of China’s service industry when china invokes the general exception clause of GATS. On the basis of combining the above analysis, Section3puts forward how to use the general exception clause of GATS to achieve the China’s healthy development of service trade countermeasures. On the premise of assuming the obligations of WTO members, to improve domestic legislation, to prevent disputes involving general exception clauses, and to resist the developed countries of trade protection measures against China.