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GATS to international services and investment liberalization

Author: HuJunLing
Tutor: ZhaoShaoQun
School: Guizhou University
Course: International Law
Keywords: WTO GATS Market access National Treatment International Investment
CLC: D996.4
Type: Master's thesis
Year: 2008
Downloads: 164
Quote: 0
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Abstract

In accordance with the trend of the development of international trade, trade in services will occupy an increasingly important position, \investment liberalization has a profound impact. The first part of the paper discusses the relationship between the \commercial presence \Because of this, making \spirit. First introduced on services and investment liberalization in the GATS: definition of trade in services from the GATS OATS the general obligations of the provisions of the GATS specific commitments to explore the Multilateral Agreement on Investment Properties; then discusses the GATS service investment liberalization and prospects. Closely with the international investment-related provisions in the GATS is not much, but it is a service as the WTO system, the first rule of investment liberalization, both to expand the scope of the multilateral trading system in the world, has also been strengthened and enriched the legal norms of the international investment greatly promoted the liberalization of international direct investment, to stimulate the development of international investment. The second part of this paper discusses the impact of market access in trade in services and international services and investment liberalization. First introduced 16 market access provisions of GATS, then \access restrictions defined strictly necessary, otherwise the host country's domestic regulatory autonomy easy contravention of section 16 will come to nothing. Then discusses the impact of GATS market access to the legal system of international investment, GATS as a services and investment liberalization in the WTO system, the first rule, both to expand the scope of the multilateral trading system in the world, has also been strengthened and enriched the legal norms of the international investment . GATS negotiations on services and investment liberalization is the first rule-making and dispute settlement places the GATS core rules of international investment law, GATS is an evolving multilateral agreement. Finally, to explore the impact of GATS market access for foreign investment legislation in the Service, as the development of service industry, China needs to be emphasis on the service industry in a specific period of time and under the conditions of domestic regulatory autonomy, which is the realization of the development of China's service domestic policy goals. Therefore, the Chinese government in addition to actively involved in WPDR negotiations that related standpoint practice departments also need to effectively strengthen the understanding and application of the specific provisions of the relevant GATS so earnestly safeguard the autonomy of our services regulatory. The third section discusses the impact of the GATS national treatment principle of international services and investment liberalization. Although GATS national treatment is not generally applicable to the general obligations, it is also a specific obligations by the commitment of the Parties in giving the issue of national treatment of foreign service investors enjoy greater discretion. But from another point of view, we can easily find the service areas of implementation of national treatment, even if it is limited and special commitment, can still be seen as far the multinational investors in the service area of ??investment for maximum results. The article discusses the GATS national treatment provisions, the scope and object of the GATS national treatment, the development of the GATS national treatment of the legal system of international investment. The fourth part discusses the new round of negotiations on trade in services and investment liberalization and international. The new round of negotiations on trade in services is essentially the multilateral trading system is an important step to promote the liberalization of global investment. While the negotiation process is very tortuous, and even at one stage or in part, may stagnation or retrogression, but it represents the trend of the global investment liberalization is difficult to stop. First discussed briefly the basic content of the Hong Kong Ministerial Declaration, followed by the new round negotiations on trade in services investment legislation in developing countries the right to participate. The fifth part of the paper discusses the improvement of China's service sector foreign investment legislation. As can be seen from the analysis of the current trade in services utilization of foreign investment regulations, the legislation's basic mode near the highly protected \China has joined the WTO, must be in accordance with the GATS provisions and the specific commitments made by China in the negotiations to further open up the services market, therefore, must be re-determine the basic mode of services trade foreign legislation. Discussed from the status quo of China's foreign access legislation, the current standards for the treatment of the service sector of foreign investment in China, China's service sector foreign investment legislation and perfect.

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