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論國內規章對技師服務貿易自由化之影響-以資格驗證及認許為中心張宗盛, Chang, Tsung-sheng Unknown Date (has links)
技師服務具有高度專業性與技術性,且與一國基礎建設具重大關係,攸關人民生命財產安全,往往受到各國政府之管制。各國為確保技師服務提供之品質,通常對於技師服務進行證照管制,令技師服務之提供限於取得該國技師資格與執業執照者始得為之。有關技師資格與核發執業執照之規定通常散落於各國國內規章中,該等國內規章之適用勢必將對技師服務貿易產生影響。
在世界貿易組織(World Trade Organization,以下簡稱WTO)之服務貿易總協定下(General Agreement on Trade in Services),WTO會員基於自願性之基礎對各項服務部門之市場開放提出承諾,技師服務屬於專業服務之範疇,亦包含於會員可能提出開放承諾之範圍內。由於各會員國內規章之規定並不須納入會員服務貿易特定承諾表內,因此若欲了解技師服務貿易自由化之情形,除須檢視各國對於技師服務所為之開放承諾外,亦應瞭解國內規章對於技師服務貿易所造成之限制。
本文以技師資格相關之國內規章為出發點,探討國內規章對於技師服務貿易自由化所產生之影響,並針對目前國際間有關技師資格之相互認許進行討論,最後對於未來技師服務貿易自由化提出建議。 / Engineering services, with high professional specialty and technical background, plays an essential role in national infrastructure and is fatal to public security. To ensure the quality of the services provided, national governments usually implement the license regulation on engineering services. Only those who obtain the engineer qualification and acquire the license can practice their own specialty. The requirement for engineer qualification and license issuing, containing in the domestic regulations, will definitely have the impact on trades of engineering services.
Under the General Agreement on Trade in Services of the World Trade Organization (hereinafter the “WTO”), WTO members make market-access commitments on a number of service sectors on the basis of voluntary. Since engineering services belongs to the category of professional services, it may also be the subject included in the commitments made by members. Since members have no obligations to inscribe domestic regulations in their schedules of specific commitments, with the purpose to understand the practical trade liberalization of engineering services, we should not simply focus on the commitments made by members, the limitation to trade of engineering services caused by domestic regulations should also be taken into consideration.
This thesis initiates with the relevant domestic regulations of engineer qualification, observing how those regulations would affect the trade liberalization of engineering services. It accordingly discusses the nowadays international mutual recognition system of engineer qualification, and ends with some suggestions and thoughts regarding the future trade liberalization of engineering services.
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