GATS对银行业补贴的规制
发布时间：2018-12-18 00:54
【摘要】：在金融危机的经济环境下,各国政府纷纷出台一系列的措施对本国银行业进行补贴,但这种补贴措施往往会对正常的国际银行业竞争产生不利影响。因此,在国际法层面需要有相关的法律法规来约束各国的补贴行为。本文旨在讨论《服务贸易总协定》(GATS)能否作为一种有效的手段对WTO成员方给予银行业的补贴措施进行规制,从而最小限度地影响到国际银行业的正常竞争。 论文共分为引言、正文、结语三大部分。 引言部分主要交代了论文的写作背景。在金融危机的经济环境下,各国政府为了应对金融危机对本国经济造成的不利影响,纷纷针对不同的经济部门采取了相应的补贴措施。银行业作为一国举足轻重的经济部门,自然成为各国政府补贴的首要对象。然而,随着种种补贴措施的不断出现,越来越多的人们开始担心这些以应对经济危机之名而生的补贴措施,会对国际金融的正常竞争造成负面影响,最终影响到措施实施国以外的其他国家的经济发展。正是在这样的背景下,研究国际法律层面对于补贴的规制就显得尤为重要。 正文部分分为三章。 第一章主要论述了对银行业补贴可能产生的负面效果及规制路径。作为一国经济的重要组成部门,各国为了保持国内金融系统的稳定会对银行业采取补贴措施。但为了能在竞争中获得有利地位,一国对于银行业出台的补贴,很可能只对其本国银行有利,从而导致国际银行业公平竞争的扭曲。因此需要在国际法层面寻求对银行业补贴的规制路径。银行业作为一种服务业,逻辑上应用WTO框架协议下的和服务贸易有关的服务附件即GATS来规制对银行业的补贴。 第二章阐释了与规范补贴措施相关的GATS中有约束力的法律条款以及附件。在GATS中虽然没有直接针对补贴的条款,但有两个相关的义务性规定:第一,GATS第ⅩⅦ条规定:在列入其承诺表的部门中,在遵照其中所列条件和资格的前提下,每个成员在所有影响服务提供的措施方面,给予任何其他成员的服务和服务提供者的待遇不得低于其给予本国相同服务和服务提供者的待遇。第二,GATS第Ⅵ条(1)规定:在已做出具体承诺的部门,每个成员应确保所有普遍适用的影响服务贸易的措施,以合理、客观和公正的方式予以实施。这两个义务性条款为认定某补贴措施或某补贴措施的适用是否违反GATS提供了评价的标准。但是在具体适用时,这两个条款还有诸多的不确定性,因此,根据这两个条款成功认定某补贴措施或补贴措施的适用违反了GATS存在着一定的困难。 第三章分析了为“谨慎原因”采取的补贴措施。作为GATS适用的例外情形,这使得认定某项补贴措施因违反GATS而应受到限制的可能性变得更小。在判断某补贴措施是否是为“谨慎原因”采取的补贴措施时,要认真分析,防止实施国出于“保护主义”的目的以此为由逃避GATS项下的义务和承诺。 结语部分对全文做了一个简短的总结。通过本文的分析,笔者发现GATS对于银行业补贴确实存在着一些限制,但因为GATS相关义务性规定的模糊性,使得某项补贴措施只有在非常有限的情况下,才会被认定为对GATS相关义务性规定的违反。而且,因为在GATS中还规定着GATS适用的例外情形,即使某项补贴措施或者其实施方式实质上能被认定为违反GATS,也不一定意味着这项补贴措施不能继续实施。正因如此,WTO各成员方应一起协商将GATS相关义务性规定进一步明确化,使其能够真正产生对于银行业补贴的规制作用。
[Abstract]:In the economic environment of the financial crisis, governments have introduced a series of measures to subsidize domestic banks, but such subsidies often have a negative impact on the normal international banking competition. Therefore, there is a need for relevant laws and regulations at the level of international law to restrict the subsidies of States. The purpose of this paper is to discuss whether the GATS can be used as an effective means to regulate the subsidy measures of the members of the WTO to the banking industry, so as to minimize the normal competition of the international banking industry. The paper is divided into the introduction, the text and the conclusion. The introduction part mainly explains the writing of the paper Background: In the economic environment of the financial crisis, governments have taken corresponding compensation to different economic sectors in order to cope with the adverse effects of the financial crisis on the economy of the country The banking industry, as an important economic sector of a country, has naturally become the head of the government's subsidy. However, with the continued emergence of various subsidies, more and more people are starting to worry that the subsidies that have been generated in response to the name of the economic crisis will have a negative impact on the normal competition of international finance and, ultimately, to the adoption of other countries other than the implementation of the measures It is in such a background that the study of the international legal level for the regulation of subsidies To be important. The body part It is divided into three chapters. The first chapter mainly discusses the negative effects on the banking subsidy. As an important component of the country's economy, the stability of the domestic financial system will be in the interest of the bank in ord to gain a favourable position in that competition, a country's subsidy to the banking sector is likely to be beneficial only to its own bank, leading to the international banking sector The distortion of fair competition. Therefore, it is necessary to seek for the banking sector at the international level The regulation path of the subsidy. As a service industry, the banking industry is applied to the service trade-related service accessories under the WTO framework agreement, that is, GATS. The second chapter explains the binding of the GATS related to the regulation of the subsidy measures. In the GATS, although there is no provision for direct subsidies, there are two related mandatory provisions: first, GATS Article X VII provides that, subject to the conditions and qualifications listed therein, each member shall, subject to the conditions and qualifications listed therein, all influence In respect of the measures provided by the Service, the treatment of services and service providers to any other member shall not be less than the same services it is given to the State Second, GATS Article VI (1) states that, in the sector where a specific commitment has been made, each member shall ensure that all the universally applicable measures affecting trade in services are reasonable, objective and The application of the two compulsory provisions to determine whether the application of a subsidy or a subsidy is in violation of the GAT S provides the criteria for evaluation. However, in the case of a specific application, the two provisions still have a number of uncertainties and, therefore, the application of a subsidy or subsidy measure in accordance with these two terms is in violation of the GAT There is some difficulty in the S. The third chapter analyses the "the cause of the solution"
本文编号：2385042
[Abstract]:In the economic environment of the financial crisis, governments have introduced a series of measures to subsidize domestic banks, but such subsidies often have a negative impact on the normal international banking competition. Therefore, there is a need for relevant laws and regulations at the level of international law to restrict the subsidies of States. The purpose of this paper is to discuss whether the GATS can be used as an effective means to regulate the subsidy measures of the members of the WTO to the banking industry, so as to minimize the normal competition of the international banking industry. The paper is divided into the introduction, the text and the conclusion. The introduction part mainly explains the writing of the paper Background: In the economic environment of the financial crisis, governments have taken corresponding compensation to different economic sectors in order to cope with the adverse effects of the financial crisis on the economy of the country The banking industry, as an important economic sector of a country, has naturally become the head of the government's subsidy. However, with the continued emergence of various subsidies, more and more people are starting to worry that the subsidies that have been generated in response to the name of the economic crisis will have a negative impact on the normal competition of international finance and, ultimately, to the adoption of other countries other than the implementation of the measures It is in such a background that the study of the international legal level for the regulation of subsidies To be important. The body part It is divided into three chapters. The first chapter mainly discusses the negative effects on the banking subsidy. As an important component of the country's economy, the stability of the domestic financial system will be in the interest of the bank in ord to gain a favourable position in that competition, a country's subsidy to the banking sector is likely to be beneficial only to its own bank, leading to the international banking sector The distortion of fair competition. Therefore, it is necessary to seek for the banking sector at the international level The regulation path of the subsidy. As a service industry, the banking industry is applied to the service trade-related service accessories under the WTO framework agreement, that is, GATS. The second chapter explains the binding of the GATS related to the regulation of the subsidy measures. In the GATS, although there is no provision for direct subsidies, there are two related mandatory provisions: first, GATS Article X VII provides that, subject to the conditions and qualifications listed therein, each member shall, subject to the conditions and qualifications listed therein, all influence In respect of the measures provided by the Service, the treatment of services and service providers to any other member shall not be less than the same services it is given to the State Second, GATS Article VI (1) states that, in the sector where a specific commitment has been made, each member shall ensure that all the universally applicable measures affecting trade in services are reasonable, objective and The application of the two compulsory provisions to determine whether the application of a subsidy or a subsidy is in violation of the GAT S provides the criteria for evaluation. However, in the case of a specific application, the two provisions still have a number of uncertainties and, therefore, the application of a subsidy or subsidy measure in accordance with these two terms is in violation of the GAT There is some difficulty in the S. The third chapter analyses the "the cause of the solution"
本文编号：2385042
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