The International Legislation Of Emergency Safeguard Measures On Trade In Services And Its Enlightenments

Since the21st century, international trade in services develops rapidly in the two trends of economic globalization and regional economic integration, and becomes the important part of national economy and international trade. Open market has brought a severe test to China’s service trade industry that lacks comparative advantage at the aspect of professional technique. However, the characteristics of services and trade in services, which need to create a perfect legal protection system of trade in services compared to trade in goods. Emergency safeguard measures of trade in services are of great significance for promoting the liberalization of trade in services and the protection of domestic industries.In order to promote the healthy and orderly development of China’s foreign trade in services, rationalization proposal should be put forward to perfect emergency safeguard measures system of China’s service trade according to the current legislation defects of our country.By studying the origin and general situation of emergency safeguard measures of international trade in services,this paper learns from the mature rules of safeguard measures of trade in goods, refers to the major international free trade area agreements on safeguard measures, and summarizes problems of emergency safeguard measures system of international trade in services in our country. Through the analysis of the problems, it is expected to be able to perfect the system of emergency safeguard measures of trade in services in our country, strengthen legal maneuverability and refine and improve service trade safeguard measures system of our country under the circumstance of combining with GATS rule and perfect domestic legislation.This paper first formulates the content of the emergency safeguard measures of trade in services in GATS rules, focuses on the main problems in the negotiations on the ESM system between member states, as well as their attitudes and differences, and expresses the views and standpoints on the problem in our country. Through the analysis of the content and characteristics of emergency safeguard measures system on several typical regional economic agreements, some revelatory viewpoints are turned out at the aspects of necessity, applicability and the concrete practice on EMS of trade in services in our country. Finally, the paper specifically discusses three enlightenments of the emergency safeguard measures on international legislation. By analyzing the existing main problems on the legal system of safeguard measures, the paper puts forward illuminating suggestions and conclusive viewpoints about the construction of the ESM system of China’s service trade on the necessity and feasibility. It comes to the conclusion:the field of service trade in China should establish a legal system of emergency safeguard measures in order to maintain the stability of the market and to ensure the safety of industry, which makes us promote trade liberalization and make a substantial open commitment without having to worry about at the same time. It creates a "safety valve" on legal relief given to the domestic service industry that is still in the primary stage.