The Legal Regulation Of Chinese Maritime Service Under The WTO Frame

WTO Maritime Rules have been affected on our nation’s shipping service sinceChina joined WTO at2001.The law of Chinese shipping service development hasbeen adjusted by domestic related law and the promise to WTO the same time, and itshould observe the primary system of WTO and GATS. However, there are quite largedifference between our country’s legislation on shipping service and WTO MaritimeRules. Therefore, we are unavoidable to discuss the topic of the situation our country’sshipping service law, learning other’s experience to overcome the challenge from thepromise to WTO. This article mainly discuss how to study our country’s shippingservice law which is under the standard of WTO, promote the healthy development ofour country’s shipping market, improve our country’s national shipping servicecompetitiveness and reserve the situation of our country’s weak shipping service,realization of our country’s shipping service to national standard.There are six parts in this article: first one is introduction, including the meaningof choosing and discussing this topic. It mainly discusses the domestic and overseas’shipping service situation, the study method and innovation. The second part is thechapter one, our country’s law on shipping, content including how to legislate theshipping law, the system of our domestic shipping law and the issues which will affectthe law. The third part is Chapter two. Introduction for the WTO maritime rule andour country’s promise to WTO. The forth part is chapter three, study on how far ourcountry did since we joined WTO, including what our shipping service implementedand not. The fifth part is chapter four, content including the shipping compare bydomestic and overseas’ law, including study on Japan and European Union’s shippinglaw, comparing the shipping law of developing country and new industrial economycountry by market access and national treatment. Through the study to overseas shipping law, we could analysis what we could learn on their legislation idea, specificsystem and management system and put them into effect. We found the nationalshipping protection is becoming more concealing and the movement on free shippingservice through the study of national shipping law. The sixth part is chapter five, thesuggestion to domestic shipping law. It fist analyzed the reason why domesticshipping law is not complete and the feasibility of improvement. We study the conflictof interest on legislation, conflict on management system, delay on shipping negotiate,delay on the progress of legislation and how to solve them. It mainly includes how tochoose the principle of legislation, improvement of specific system, build thedomestic shipping law according to WTO rules and keep domestic shipping service ahealthy and lasting development through the fair, free, open and competitive market.