The Methods And Development On Interpretation Of GATS Schedule Of Specific Commitments By WTO Dispute Settlement Body

Compared to goods trade, service trade is much younger. With the improvement of service trade openness, while attracting lots of service investment, China will also be faced with more and more challenges in the field of service trade in WTO. The recent disputes in the field of GATS settled by the DSB (WTO Dispute Settlement Body) show that the interpretation of the GATS schedule of specific commitments is often the key to the results of the case.Studied from three typical disputes which referred to the interpretation of the schedule of specific commitments, this thesis argues that the jurisprudential basis used by DSB is the international customary law status of the Article31and32of the Vienna Convention on the Law of Treaties, the textualism which treat the legal effect of the schedule of specific commitments and the GATS main rules equally, and the transplant of GATT1994tariff schedules interpretation methods. DSB also applies some more specific interpretation methods such as ordinary meaning interpretation, context interpretation, object and purpose interpretation, subsequent practice interpretation and supplementary means.ect. Meanwhile, the process of the interpretation of DSB suggests some new trend. The development includes that DSB is gradually expanding the scope of the data which can be used to affirm ordinary meaning; On the context interpretation method, DSB makes them gradually institutionalized and refinement; DSB is weakening the role of object and purpose interpretation method on GATS schedule commitments interpretation; DSB comes into using the evolutionary interpretation. In conclusion, this thesis suggests China flexibly using the above methods and interpretation theories in the future negotiation, taking advantage of the interpretation rules to promote China’s service trade exports, and improving China’s litigation skills.This thesis consists of three chapters in addiction to preface and conclusion. Chapter1briefly introduces the background of this study, that is the status quo of China’s international service trade and openness, the practice of China on GATS schedule commitments interpretation by DSB, and three typical cases of WTO which will be used as study samples. This chapter also overviews the principles of GATS schedule of specific commitments interpretation.Chapter2analyses three jurisprudential basis and the specific methods of GATS schedule of commitments interpretation in the DSB reports.Chapter3is the key chapter, it discusses the development of interpretation on schedule of specific commitments, researches the new trend in the interpretation of specific commitments and the enlightenment for China; it suggests doing more research before revision and negotiation of specific commitments, taking advantage of the interpretation methods and improving our litigation skills.