国际经济法精品教学（华南师范大学）Legal System on Trade in Services.pptVIP

Legal System on Trade in Services Section 1 The Coverage of GATS 1. The Scope of GATS Article 1.1 This Agreement applies to measures by Members affecting trade in services. Article 28(a) For the purpose of this Agreement: (a) measure means any measure by a Member, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form; (b) supply of a service includes the production, distribution, marketing, sale and delivery of a service; (c) measures by Members affecting trade in services include measures in respect of (i) the purchase, payment or use of a service; (ii) the access to and use of, in connection with the supply of a service, services which are required by those Members to be offered to the public generally; (iii) the presence, including commercial presence, of persons of a Member for the supply of a service in the territory of another Member; （c）“各成员影响服务贸易的措施”包括以下方面的措施： ⑴服务的采购、支付或使用 ⑵与服务的提供相关联的获得和使用那些成员要求向公众普遍提供的服务； ⑶一成员的人为在另一成员境内提供服务而存在，包括商业存在 2. The Definition of Services ??trade??: 4 modes of supply activities : cross-border supply, consumption abroad, commercial presence (establishment), presence of natural persons (service supplier travels to provide service). 3. General Exception to GATS obligation any service, except in the exercise of governmental functions Section 2 General Obligations and Disciplines 1.MFN Treatment 1.1 General Rule 1.2 Exceptions 1.2.1 Country-specific Exemptions Based on Accession Reservation under GATS A member may maintain a measures inconsistent with MFN provided that such a measures is listed in, and meets the conditions of the Annex on Article 2 Exemptions. 豁免清单。GATS规定，成员可将不符合GATS要求的国内法律、条例和规定列入豁免清单作为第2条的附件从而享受为期不超过10年的豁免。 1.2.2 General Exceptions under GATS (1) Frontier Trade Exemptions (2) “Regional Economic Integration” Exemption (3) “Labor Markets Integration” Exemption (4) General Exemption under Article 14 of GATS (5) National Security Exemption under Articl