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On Building Safeguard Measures System in International Services Trade

Author: LiYingBo
Tutor: TaoLin
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Trade in Services Trade in Goods Safeguards Trade liberalization
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 107
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Abstract

Since the eighties of the last century, the rapid development of the global economy, trade partners and trade patterns were diversified development trend. As an emerging trade industry in terms of international trade in services relative to goods trade more rapid development of the contemporary international trade in services presents a variety of features. However, trade and industry development speed is disproportionate in international trade legal system, the regulation of trade in services is not perfect, especially is the absence of the safeguards system as a trade remedy system. Safeguards system as one of the relief system of international trade and anti-dumping, countervailing essentially different, it is damage caused to the domestic industry for a fair international trade and start to protect the healthy development of the national economy of a country plays an important significance. Although the field of trade in goods has been to establish a safeguards agreement on behalf of the safeguards system, but the system of safeguards in the field of trade in services, after years of negotiations between members of the WTO, it is difficult to reach a consensus, even to the current So far, even the system is necessary to exist are still the focus of the dispute between the parties. Their basic position as members of the WTO organization based on whether the establishment of safeguards system, the choice of mode of construction of the safeguards system of trade in services and other issues are different proposition. Through the analysis of the differences in the services trade protection measures in the construction of various members of the party, we found that the safeguards of a country's industrial economy has a \will be constructed in the field of trade in services to the service industry is in its infancy or the low competitiveness of national industries of these countries, and will not make the face of sudden external competition paralyzed appropriate adjustment. Safeguards system is constructed in the area of ??trade in services both respect the national interests of each member of the party, but also conducive to greater trade liberalization, but also conducive to the healthy development of the international economy, has its own necessary to construct service trade safeguards sex. Service trade safeguards significant WTO member countries as well as scholars its research, but more due to the Member States involved in issues such as domestic interest, so that the views of all parties is difficult to unify Construction of the system in order to construct the parties to reach a consensus, it is necessary to seek a compromise in the opinion of many. Although WTO members approach adopted model construction service safeguards proposed a variety of programs, but can mainly be attributed to the two modes, one is the safeguard rules incorporated into the GATS system, making it the terms of the GATS subsidiary the modes from the entities to the program were not reasonable taking into account the special nature of the trade in services, thus learn not meaningful security measures on trade in services. After all, trade in services have a certain degree of particularity, while the members of the proposed scheme are also to be considered made on the basis of their own domestic interests. Want to construct a suitable safeguard rules in each member interests, it is necessary to consider the characteristics of trade in services, the parties to the trade in services, taking into account the imbalance in the development of service industry. After comprehensive consideration of these factors, the reference to the ASEAN Trade in Goods safeguards system to construct a parallel mode, there is a certain rationality, feasibility represented in the General Agreement of Trade in Services \After all, the security measures for the development of the field of trade in goods longer, more perfect degree of development, can be used as a reference to construct service trade protection measures. , Through a detailed analysis of GATS, it is not difficult to find, if the safeguards rule is affiliated with the GATS system has certain drawbacks, these rules only in parallel with the GATS, the only way to improve on the specific operation and effect of the implementation. Taking into account the similarities and differences of trade in goods and trade in services, how to improve the safeguards system of trade in goods in order to make it suitable for the area of ??trade in services, which is on the basic needs of the entire law and order situation of the international trade in services as well as goods trade safeguards understood. Occupy an important position in the international trade in services the legal system, \New Era for multilateral negotiations on trade in services, international services trade rules provide a reasonable framework and dialogue mechanism. Each member can fully express their views in the development of safeguard measures in the field of trade in services. Safeguards for the construction of trade in services as well as certain rules. At the same time, the the safeguards rules in the field of trade in goods has become mature, for the purpose of implementation of safeguards, conditions for implementation, implementation procedures, supervision and redress mechanisms have a relatively complete requirements, construct safeguards regime for trade in services provides a great reference value to WT0 members need to do is how to refer to trade in goods, trade in the field of safeguards based on agreed safeguards early introduction of the service trade. Only in this way, the service industries developed countries to pursue the greatest degree of trade liberalization, the largest open, and services in the international market due to the developed countries are worried about the impact on the domestic industry is not conducive to the healthy and orderly development of the national economy, the problem will be solved . Based on analysis, on the part of the conceptual representation of mature goods trade protection measures, such as how to define \threat \, due to services trade patterns diversification, according to the relevant provisions of the GATS four modes of trade in services on the concrete implementation of the safeguards have different requirements, depending on the mode in the construction to discuss, and then to apply to construct safeguards system of trade in services. However, the implementation of the safeguards, after all, only for a temporary period of adjustment to the domestic industry to make it better adapted to the environment of international competition, the healthy development of the domestic industry can not be over-dependent on this system, but only as a temporary protection. Improve the international competitiveness of domestic industries is the best way of domestic economic development.

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