Abstract
This paper examines existing multilateral trade agreements except the WTO in terms of their regulations concerning investigation on industrial impacts of trade in services. The main purpose of the paper is to provide possible legal reference for continuing to promote negotiations on emergency safeguard measures in WTO trade in service. Mainly through Legal Positivism, in terms of identifying industrial impacts of trade in services, there are clear and objective regulations within the European Union and in its multilateral agreements with Eastern European countries; NAFTA permits Mexico to take protectionist measures in banking and financial services, and has established relevant standards for industrial impacts; the bilateral trade agreements signed by China and other countries are mostly treaties of principle, thus not unpractical. To reach an agreement on this issue so as to facilitate trade in services, this paper suggested that the international community should promote the WTO to adopt investigation on industrial impacts of trade in services, so as to further increase multilateral disciplines.
Highlights
Safeguard measures in a trade agreement allow member governments to cancel or cease to fulfill their normal obligations under their agreement under certain circumstances to safeguard a more important interest. [1] Due to the fact that they allow the Fair trade rules set by international treaties to be inapplicable to members under certain conditions, and the significant impact they bring to the economic interests of other members, their applicable conditions and procedures etc. should be strictly restricted
There is no substantial breakthrough in the General Agreement on Trade in Services (GATS) as an open agreement, and the emergency safeguard mechanism of service trade under the multilateral system is still in a blank state
, the special system represented by the , and the , as well as the Authorized negotiating terms for Emergency Safeguard Measures (ESM) of trade in services covered by the GATS agreement
Summary
Safeguard measures in a trade agreement allow member governments to cancel or cease to fulfill their normal obligations under their agreement under certain circumstances to safeguard a more important interest. [1] Due to the fact that they allow the Fair trade rules set by international treaties to be inapplicable to members under certain conditions, and the significant impact they bring to the economic interests of other members, their applicable conditions and procedures etc. should be strictly restricted. , the special system represented by the , and the , as well as the Authorized negotiating terms for Emergency Safeguard Measures (ESM) of trade in services covered by the GATS agreement. Clause 10 of the General Agreement on Trade in Services (GATS) concluded by the Uruguay Round provides for "emergency safeguards" as follows: (i) Multilateral negotiations should be conducted on the issue of emergency safeguards on the basis of the principle of non-discrimination. The outcome of such negotiations should come into effect no later than three years from the effective date of the WTO Agreement. Because the disagreements between member states concerning the desirability and feasibility of establishing ESM for trade in services were all too significant, it has so far failed to reach any legally binding draft institution to date it has been postponed for five times already
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