Legal Issues Analysis Of Cross-border Services In The Trans-Pacific Partnership Agreement

Cross-border services,also known as cross-border supply or cross-border delivery.It is one of the most common and most widely forms of commerce in international service trade.In accordance with its own definition and the understanding of international custom,the so-called "cross-border " especially refer to the cross-border in "services".which generally do not include the cross-border of personnel and goods,this is also one of the most significant features that compared with other forms of service trade.With the popularity of computer Internet,especially the emergence of new service industries,the proportion of cross-border services in service trade is increasing,and people's demand for cross-border services is becoming more and more urgent.Also,a series of support and encouragement policies and measures have been introduced by different countries in succession.The GATS text,which came into force in 1995,divides service trade into four forms: "cross-border services","overseas consumption","commercial presence" and "movement of natural persons",and clearly define crossborder services in article 1,paragraph 2.Namely "service from the territory of a Member to the service consumers of another Member".However,it has only explained and introduced the definition of cross-border services but the specific scope and content are not covered.Because of the world economy has assumed the status quo of regional integration in recent years,the multilateral trade system dominated by WTO is facing unprecedented impact and challenges.The provisions concerning cross-border services in GATS cannot satisfy the requirements of some countries for service trade,and there are some limitations of the regulations in cross-border services in the existing regional trade agreements,so the development of a new regional trade agreement has become a realistic choice for these countries.In this context,TPP Agreement came into being,its full name is the Trans-Pacific Partnership Agreement.Compared with the GATS,this agreement has made great changes on the cross-border services,also has a great impact on the traditional WTO legal system.Besides the traditional scope of application,market access,national treatment and most-favored-nation treatment of the provisions,but also includes intellectual property,dispute settlement services involving cross-border content.In addition,other regional trade agreements such as NAFTA,TISA,TTIP,etc.,a series of legal issues have also been caused that should be considered in the provisions of cross-border services.The conclusion and signing of the TPP agreement have important reference and enlightenment for the development of China's trade in cross-border services in future.Whether it is about the formulation of relevant cross-border services law in the free trade zone in Shanghai and others,or Sino-US BIT negotiations,or the implementation of " the Belt and Road " strategy,a series of issues will have an impact.Secondly,there are some defects and shortcomings in the existing legislation on cross-border services,such as the abstraction and administrative nature of the Foreign Trade Law;the narrow scope of the law of service sector provisions and the absence of regulatory legislation,in this regard Modify and improve the corresponding laws and regulations.Finally,From the analysis of China's current economic and trade situation,in conjunction with the provisions of the TPP Agreement on cross-border services,China should keep a cautious attitude towards joining the TPP agreement,meanwhile,speed up the negotiation process with ASEAN countries on RCEP and the establishment of Asia-Pacific Free Trade Area(FTAAP).