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Abstract The theme of this thesis is ¡§A study of the related service market opening of PRC due to the admission application to the WTO¡¨. The focus of this thesis is to discuss: during the process of PRC¡¦s admission to the WTO, PRC has made a great deal of commitment about opening its service trade market, and the potential market benefit for those related entrepreneurs brought by the result of PRC¡¦s admission to the WTO. In this thesis, we discover that, for the sake of wealth maximizing in the market of China, those governments of the members of WTO had fully deprived of the opportunity to bargain with PRC to scramble for the best advantages for themselves in the market of mainland China. As service trade making a more and more important proportion in the world trade as a whole, foreign investors will flock into the market of mainland China once PRC has admitted into the WTO successfully, therefore this study has tried to discuss, from the point of opening the market of service trading, the potential benefit that the foreign investors will enjoy as a result of PRC¡¦s admission to the WTO. Besides, this study also pays attention to the foreign investors who are going to benefit from the areas of telecommunication, insurance, financial services, retailing and wholesaling, and transportation, however they will be obstructed by the restrictions set up by the PRC in these areas as well.

20世紀90年代開始，隨著資訊與數位化科技之發展，企業發現將服務委由其他國家代勞，不僅可節省支出、彌補企業內部專業人力之不足，更能提升競爭力，形成一股服務委外風潮。此現象雖引起國內外學者從經濟學或管理學角度之熱烈討論，然從法律觀點切入探討服務委外可能產生之影響與問題相對較為不足，有鑑於服務委外帶來之影響係橫跨GATS所有服務部門，對GATS既有架構、承諾表填寫方式、以及WTO會員談判策略所造成之衝擊相當可觀，本文擬採用文獻分析之方式，嘗試以服務委外為楔子，從WTO/GATS的角度觀察服務委外對全球服務貿易所造成的影響，以及WTO/GATS是否提供足夠、完善的法律依據，探討GATS規範是否有值得檢討之處。

Healthcare services, traditionally provided by the government in a welfare state, have become a tradable commodity in the era of globalisation. Indeed, globalisation has led to the creation of a new international healthcare market with increased participation of the private sector, assisted with enhanced mobility of health professionals, service providers and patients across borders. Soon after its inception, the 1995 General Agreement on Trade in Services (GATS) has come under fire from critics, especially for its broad scope and inclusion of basic services like healthcare, water or education that fulfil social objectives. In establishing a multilateral legal framework, GATS mandates progressive liberalisation of trade in services among the WTO members through successive rounds of negotiations. Since GATS applies to the measures by WTO Members affecting trade in services (whether taken at central, regional or local government level), inclusion of health services therein has raised concern regarding a government's ability to regulate health-related services. Availability and accessibility of healthcare services is crucial from the right to health perspective. The International Convention on Economic Social and Cultural Rights (ICESCR) obligates its Member States to respect, protect and realise progressively and to the maximum of its available resources 'the right to the highest attainable standard of health.' When a WTO Member is also a signatory to the ICESCR, the question arises whether the legislative framework regulating healthcare services under GATS conflicts with the said Member's obligation to respect, protect and fulfil the right to health. The present thesis attempts to answer this question through an analysis of GATS and the right to health norms within the framework of conflict of norms in international law. Although norm conflicts are generally assessed in terms of a legal relationship between a given State with another State, the present thesis focuses on a single State bound by both sets of rules where compliance with both obligations may/does lead to a legal, social or factual conflict.

No description available.

<p>The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid.59<br /> &nbsp / </p>

<p>The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid.59<br /> &nbsp / </p>

Univ., Diss.--Mainz, 2007. / Literaturverz. S. 275 - 286.

Magister Legum - LLM / The aim of this work is to analyse the current provisions on domestic regulation contained in the GATS, as well as to examine the negotiations on future disciplines currently being worked on by WTO members. In particular it aims to see what impact these rules will have on the licensing of telecoms services. In addition the study seeks to investigate whether, on a proper analysis and understanding of the legal texts on domestic regulation, the claims made by some civil society organisations and NGOs are valid. / South Africa

Esta tese aborda o desenvolvimento da regulação internacional sobre o comércio de serviços educacionais, em especial nos acordos preferenciais de comércio de Austrália, Chile, China, Cingapura, Estados Unidos, Índia e União Europeia. O seu objetivo foi avaliar o atual nível de liberalização comercial da educação superior no plano global, de modo que sua compatibilidade com o direito à educação pudesse ser criticamente analisada, assim como os seus possíveis impactos sobre a regulação da educação superior no Brasil. Para tanto, a pesquisa começa pela realização de entrevistas com atores que acompanham o processo de comercialização da educação superior no Brasil. Os passos seguintes envolvem a compreensão do funcionamento das disciplinas internacionais sobre o comércio de serviços, da formulação das posições no processo negociador e, finalmente, dos compromissos em serviços de educação superior em acordos preferenciais de comércio. Uma primeira hipótese é de que, mesmo sem acordos de comércio, o mercado brasileiro já se encontra significativamente liberalizado no que diz respeito aos investimentos estrangeiros em educação superior, sem qualquer restrição ao ingresso de capital internacional. Ainda assim, a regulação internacional do comércio de serviços aprofundaria esse processo a partir da ideia de consolidação do marco regulatório liberal doméstico e de mecanismos que conduzem à aceleração do processo de liberalização comercial. / This thesis analyses the development of international regulation on trade in educational services, especially in preferential trade agreements signed by Australia, Chile, China, Singapore, United States, India and the European Union. The goal was to determine a parameter of the current global level of trade liberalization on higher education, so that the compatibility between trade agreements and the right to education could be critically examined, as well as their possible impacts on the regulation of higher education in Brazil. Therefore, the research began by conducting interviews with professionals that accompany the commercialization process in the Brazilian higher education sector. The following steps involved understanding the operation of international disciplines on trade in services, the formulation of positions in the negotiating process, and finally, the commitments on higher education services in preferential trade agreements. A first hypothesis is that, even without trade agreements, the Brazilian market is already significantly liberalized regarding foreign investment on higher education, without any restriction on the inflow of international capital. Even so, international regulation on trade in services would deepen this process from an idea of consolidation of a liberal domestic regulatory framework and mechanisms leading to accelerate trade liberalization process.