The Legal Issues Research On Offshore Services Outsourcing Under The Framework Of GATS

With the continuous improvement of social productivity and the adjustment and evolution of industrial structure,the proportion of service industry in national economy is increasing.The expansion of service trade originates from the increasing service outsourcing activities,among which the offshore service outsourcing activities occupy an important position.The offshore service outsourcing business in the world today mainly presents three development trends: First,the number of companies seeking offshore outsourcing services has soared.Second,offshore service outsourcing projects involve more and more capital.Third,undertake offshore service outsourcing project area is more and more extensive.The General Agreement on Trade in Services(hereinafter referred to as GATS)is a multilateral framework for the principles and rules governing international trade in services worldwide.The aim is to expand trade in services under the conditions of transparency and gradual liberalization.This is to promote the growth of all trading partners and the development of developing countries.However,in the concrete practice,GATS is a framework agreement,which is mainly based on principle,which is abstract and inoperable.In response to offshore outsourcing,the existing GATS rules have many shortcomings in the service delivery model,service classification table,and rules of origin.This has brought some resistance to the settlement of trade disputes.This paper adopts the semantic research method,comparative research method and historical research method.On the basis of parsing the GATS specification and its related documents,This thesis analyzes the service delivery model,service classification table and rules of origin of offshore service outsourcing under GATS framework,and proposes measures to solve corresponding problems.This paper also expounds China's position on offshore service outsourcing under GATS framework and puts forward corresponding countermeasures.In addition to the introduction and the conclusion,this thesis consists of the following five parts:The first part is an overview of offshore service outsourcing.One is to explore the definition and characteristics of offshore service outsourcing.The second is to analyze the origin and evolution of offshore service outsourcing.The third is to analyze the system defects of offshore service outsourcing under the existing framework of GATS.The second part is the problem of offshore service outsourcing and service delivery model.This section first analyzes the status quo of the service delivery model under the GATS framework.Secondly,from the specific domain analysis service of offshore service outsourcing,it provides the ambiguity of the pattern differentiation.It is particularly that cross-border provision and overseas consumption provide the vagueness of the boundary between the two services.Finally,a new differentiation strategy is proposed from other perspectives on the status quo of service delivery mode.The third part is the problem of offshore service outsourcing and service classification.This part firstly expounds the classification of service classification table.Secondly,according to the characteristics of offshore service outsourcing,the analysis indicates that the service classification table is not sufficient to cover the limitations of existing new areas.Finally,the adjustment measures are proposed for the imperfect service classification table.The fourth part is the issue of offshore service outsourcing and service origin.The first is to analyze the rules of origin under the GATS framework.The second is to analyze the complexity of rules of origin rules for offshore service outsourcing.Third,on the basis of comprehensive analysis,the proposal to confirm the rules of origin of offshore service outsourcing is proposed.The fifth part is China's position and countermeasure on offshore service outsourcing under GATS framework.Based on the actual situation of China,this paper analyzes the international position of China under the existing GATS rules to deal with offshore service outsourcing.Then,the international and domestic countermeasures of developing offshore service outsourcing under the framework of GATS are proposed.The conclusion is summarized as follows: Firstly,it summarizes the service delivery mode,service classification table and origin rule defect of offshore service outsourcing under the framework of GATS.Secondly,it analyzes the relevant measures taken to remedy the above defects under the premise that the existing rules of GATS are not changed very much.Thirdly,combining with the development of offshore service outsourcing in China,this paper puts forward China's international position and corresponding countermeasures to promote the development of offshore service outsourcing.