国际服务贸易保障措施制度探析
发布时间：2018-08-23 14:59
【摘要】：保障措施是国际贸易三大救济手段之一，其重要性不言而喻。迄今为止，随着经济全球化的不断发展，保障措施已经被广泛应用于货物贸易领域并形成了相应的法律体系。而新兴的国际服务贸易产业在迅猛发展的同时，相关的法律制度却并不完善，尤其是对服务贸易保障措施制度的构建存在很大的缺失。《服务贸易总协定》（GATS）第10条对紧急保障措施的规定，只是服务贸易领域保障措施的原则性规定，不具有实际操作性，，今后仍需相关谈判来加以确定。 面对成员方在GATS多边规则框架下进一步确立服务贸易保障措施规则的分歧，不难看出分歧产生的原因是国家利益的考虑以及政治力量的抗衡。实际上根据服务贸易的特性以及保障措施的功能、鉴于发展中国家保护国内产业的需要，建立服务贸易保障措施制度十分必要。 对于国际服务贸易保障措施的制度设计，许多国家做了具体研究并提出了不同的模式。进行比较分析之后，发现借鉴成熟的货物贸易领域保障措施体系——《关税与贸易总协定》（GATT）第19条和《保障措施协定》相关规定的方案最为可行。但同时，不能忽略服务贸易与货物贸易的差别，借鉴过程中需要对相关概念，如“进口增加”、“国内行业”等进行明确地界定。 在肯定以货物贸易保障措施体系为蓝本的基础上，大胆地对如何实施国际服务贸易保障措施进行构想，包括服务贸易保障措施的类型以及在不同服务贸易形式下的具体实施。 研究服务贸易领域的保障措施，不仅仅是为了完善国际多边规则，更重要的是为我国保护服务产业提供援引的依据。我国对外服务贸易的成绩可喜但存在的问题不容忽视。为了保护国家利益，促进我国对外服务贸易健康有序地发展，需要针对目前我国相关立法的缺陷，就进一步建立和完善国内服务贸易保障措施体制提出合理化建议。
[Abstract]:Safeguard measure is one of the three remedies in international trade, and its importance is self-evident. Up to now, with the development of economic globalization, safeguard measures have been widely used in the field of goods trade and formed the corresponding legal system. While the burgeoning international service trade industry is developing rapidly, the relevant legal system is not perfect. In particular, there is a great lack of the construction of safeguard measures for trade in services. Article 10 of the General Agreement on Trade in Services (GATS) provides for emergency safeguard measures, which are only the principled provisions of safeguard measures in the field of trade in services, and do not have practical operation. Future negotiations are still needed to determine. In the face of the differences between member countries in establishing the rules of safeguard measures of trade in services under the framework of GATS multilateral rules, it is not difficult to see that the reasons for the differences are the consideration of national interests and the counterbalance of political forces. In fact, according to the characteristics of trade in services and the function of safeguard measures, it is necessary to establish a system of safeguard measures for trade in services in view of the need of developing countries to protect domestic industries. Many countries have made specific research and put forward different models for the system design of safeguard measures of international trade in services. After comparative analysis, it is found that it is most feasible to draw lessons from the mature system of safeguard measures in the field of trade in goods, Article 19 of the General Agreement on tariffs and Trade (GATT) and the relevant provisions of the Agreement on safeguard measures. But at the same time, the difference between trade in services and trade in goods can not be ignored. In the process of reference, the related concepts, such as "import increase" and "domestic industry", should be clearly defined. On the basis of affirming the system of guarantee measures for goods trade, this paper boldly conceives how to implement the safeguard measures of international trade in services, including the types of safeguard measures of trade in services and the concrete implementation under different forms of trade in services. The research on the safeguard measures in the field of trade in services is not only to perfect the international multilateral rules, but also to provide the basis for the protection of the service industry in China. The achievement of our country's foreign service trade is gratifying, but the existing problems can not be ignored. In order to protect the national interests and promote the healthy and orderly development of China's foreign trade in services, it is necessary to put forward some reasonable suggestions for further establishing and perfecting the system of safeguard measures of domestic service trade in view of the defects of the relevant legislation of our country.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1
本文编号：2199417
[Abstract]:Safeguard measure is one of the three remedies in international trade, and its importance is self-evident. Up to now, with the development of economic globalization, safeguard measures have been widely used in the field of goods trade and formed the corresponding legal system. While the burgeoning international service trade industry is developing rapidly, the relevant legal system is not perfect. In particular, there is a great lack of the construction of safeguard measures for trade in services. Article 10 of the General Agreement on Trade in Services (GATS) provides for emergency safeguard measures, which are only the principled provisions of safeguard measures in the field of trade in services, and do not have practical operation. Future negotiations are still needed to determine. In the face of the differences between member countries in establishing the rules of safeguard measures of trade in services under the framework of GATS multilateral rules, it is not difficult to see that the reasons for the differences are the consideration of national interests and the counterbalance of political forces. In fact, according to the characteristics of trade in services and the function of safeguard measures, it is necessary to establish a system of safeguard measures for trade in services in view of the need of developing countries to protect domestic industries. Many countries have made specific research and put forward different models for the system design of safeguard measures of international trade in services. After comparative analysis, it is found that it is most feasible to draw lessons from the mature system of safeguard measures in the field of trade in goods, Article 19 of the General Agreement on tariffs and Trade (GATT) and the relevant provisions of the Agreement on safeguard measures. But at the same time, the difference between trade in services and trade in goods can not be ignored. In the process of reference, the related concepts, such as "import increase" and "domestic industry", should be clearly defined. On the basis of affirming the system of guarantee measures for goods trade, this paper boldly conceives how to implement the safeguard measures of international trade in services, including the types of safeguard measures of trade in services and the concrete implementation under different forms of trade in services. The research on the safeguard measures in the field of trade in services is not only to perfect the international multilateral rules, but also to provide the basis for the protection of the service industry in China. The achievement of our country's foreign service trade is gratifying, but the existing problems can not be ignored. In order to protect the national interests and promote the healthy and orderly development of China's foreign trade in services, it is necessary to put forward some reasonable suggestions for further establishing and perfecting the system of safeguard measures of domestic service trade in view of the defects of the relevant legislation of our country.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1
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