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Research On Rules Of Trade In Services In America Free Trade Agreement

Posted on:2015-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2296330467965423Subject:International Law
Abstract/Summary:PDF Full Text Request
Up to the moment, there are14FTA which have already been efficient in the USA, andeach has contained the contents of service trade. According to the features of these14FTA,the rest of FTAs are bilateral besides NAFTA and CAFTA-DR. With comparing the clauses ofAmerican FTA service trade rules item by item, the author noticed that bilateral FTA servicetrade rules have the same stipulations on some contents of the clauses. CAFTA-DR of the USregional FTA service trade clauses has followed NAFTA-TYPE, but it still has the differencefrom NAFTA’s content and structure. Therefore, this paper classified the US bilateral FTAservice trade clauses, and sorted the US regional FTA service trade clauses (from theperspective of CAFTA-DR and NAFTA) of another kind study.During the specific research, the US bilateral FTA service trade clauses have beensummarized by their GATS character, and illuminated by their liberty degree. The authorutilized the ways of GATS character sort, which have referenced from the academic circlesand compared bilateral FTA service trade clauses to regional FTA service trade clauses in theUS. By this chance, while studying on the US regional FTA service trade clauses, the authorreferred to NAFTA to explore NAFTA character and liberty degree of CAFTA-DR servicetrade rules. With the multi-angle comparing the bilateralness to religion, based on the specificsituations, China has brought up the suggestions of formulating service trade rules.On the basis of neatening all the FTA clauses which related to the service trade, thearticle has discussed on the features of the US FTA service trade from bilateral and regionalperspectives, and made it more definite on the action of trade liberty promotion.The article will study on the US FTA service trade clauses from seven parts. The maincontent follows:Part one: the present situation of the US FTA service trade. This section will simplyneaten the general situation of FTAs which have signed by the US, to identify which FTAhave been signed by the US, what are the same features to these FTA, and to which FTA is theservice trade related.Part two: the definitions of the items related to the US FTA. Firstly, This section willelucidate the US FTA service clauses on identifying “person”,“measure” and so onterminologies; Secondly, comparing NAFTA to CAFTA-DR on the different rules of identifying “business person”.Part three: the coverage of the US service trade rules. Firstly, this paper analyzed thedenial of benefits of the US bilateral FTA service trade rules. Additionally, by analyzing thetemporary entry for business persons to expound the application scope of the US regionalFTA service trade rules and NAFTA characters of CAFTA-DR.Part four: the core principles of the US FTA service trade rules. This section willintroduce the special provisions of the US bilateral FTA service trade rules and the USregional FTA service trade rules on market access, national treatment and most-favored-nationtreatment. And by the method of contrasting to analyze core principles in the US bilateral FTAservice trade rules and the US regional FTA service trade rules.Part five: the reservations and list approaches of the US FTA service trade rules. Thissection will introduce firstly the rather distinctive reservation of the US bilateral FTA servicetrade rules, local presence, performance requirements and senior management and boards ofdirectors included; secondly, it will introduce the reserving rules of the US regional FTAservice trade rules on citizenship or permanent residency requirements and electroniccommerce. Finally, it will expound the negative list approaches of the US service trade rules,and compare them to the positive list approaches. Besides, during the procedure of discussion,it will be explicit about the type division of the US FTA service trade rules on the reservationsand the list approaches.Part six: the domestic regulation of the US FTA service trade rules. This section willmainly analyze the domestic regulation features of the US FTA service trade rules fromcontents and structures. And by the contrasting methods, respectively elucidate the USbilateral FTA service trade rules and the US regional FTA service trade rules on the specialprovisions of domestic regulation.Part seven: the enlightenment of the US FTA service trade rules to China. This sectionwill discuss on the experiences, which China can reference from the US FTA service traderules to formulate its own after studying on it, including care about standard text and whichlist approach China will choose and identifying limitations of FTA.
Keywords/Search Tags:Trade Services, USA, FTA, NAFTA, CAFTA-DR
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