| With the deepening of economic globalization and adjustment of the international industrial structure, international trade in service has experienced a considerable and rapid development. It has become a key area of global economic competition. From 1980 to 2008, the international trade in service exports expanded from 365 billion U.S. dollars to 3.7313 trillion U.S. dollars, it increase of 10.2 times in 28 years. Nowadays, the international trade in service exports has accounted for about 20% of total global trade, trade in service has become a symbol of modern industrial progress, the trade in service of globalization and liberalization will be a long-term trend. Because of the economic and service's development there is a serious imbalance in countries of the world and every country regulation of trade in service in a special way, the trade in service barrier is more to take cover. The friction and disputes of each country about trade in service also potential the trend of enlargement and complexity. All these put forward higher requirements on dispute settlement mechanism of trade in service. Since the GATS came into effect in 1995, WTO incorporate trade in service in scope of the multilateral trading system, and made the GATS became the legal binding of global multilateral trade agreements about trade in service, and to fill the gaps in the legal field of international trade in service. The dispute settlement mechanism as the core and unique part of multilateral trading system is an important pillar of to ensure the effective operation of the mechanism. GATS stipulate for the dispute settlement mechanism of trade in service, and it is a result of WTO put the traditional dispute settlement mechanism for trade in goods widened to the trade in service. However, because of trade in service to have their special nature of invisible and abstract and to decide its dispute settlement mechanism is different from the dispute settlement mechanism of trade in goods. Dispute settlement of trade in service existence its own special procedural rules and some substantive rules problems, such as MFN, national treatment, market access, domestic regulation and so on. As the generation of GATS is the result between the interest of negotiators mutual balance and compromise. GATS include a wide range of content and some special way of specific commitments. Compare with the rapid development and continuous update of new areas of trade in service, the dispute settlement mechanism of trade in service is also facing many new problems. Study on the development and improvement of the dispute settlement mechanism of the international trade in service will help to promote more rapid development and further liberalization of trade in service.This article has four parts. The first part outlined and analysis the basic theory and cases of the dispute settlement mechanism of the international trade in service. The second part analysis the procedural rules of the dispute settlement mechanism of the international trade in service. The third part analysis the substantiality rules of the dispute settlement mechanism of the international trade in service. The fourth part is a combination of the FTAs of China's participation to analyze the advantages and disadvantages of the dispute settlement mechanism of the international trade in service and to propose for its improvement.In the first part, Firstly, the article investigated the concept of international trade in service and the dispute settlement mechanism of the international trade in service. Analysis the causes and history of the dispute settlement mechanism of the international trade in service and emphasized the importance and necessity of the dispute settlement mechanism of the international trade in service for development of international trade in service. Secondly, outlined the current institutions of the dispute settlement mechanism of the trade in service. Finally, statistics and analysis the cases of the dispute settlement mechanism of the trade in service since the establishment of WTO and the GATS came into effect and explored the problem of the dispute settlement mechanism of the international trade in service.In the second part, the article discussed the legal basis for the dispute settlement mechanism of international trade in service, types of the dispute settlement mechanism and its relief measures. Analysis the special rules of the dispute settlement mechanism of the international trade in service. Compare the dispute settlement mechanism of trade in goods with the dispute settlement mechanism of trade in service and study on relation and distinction between them, and summarized the characteristics of the dispute settlement mechanism of trade in service.In the third part, the article detailed analysis how to explain the expressions and how to understanding and application of relevant provisions of GATS reflected in the previous cases of WTO dispute settlement mechanism of trade in service, such as the problem of the scope of GATS, MFN, national treatment, market access and liberalization of trade in service, domestic regulation, and clarified understanding of the expressions and application of the provisions.In the fourth part, Firstly, the article analyzed and discussed the dispute settlement mechanism of trade in services of the FTAs of China's participation and the development of the dispute settlement mechanism of trade in services. Secondly, analysis the advantages and disadvantages of the dispute settlement mechanism of the international trade in service. Finally, point out the dispute settlement mechanism of international trade in services should have six basic principles and it should adhere to the values in its future development, and propose should be further improved of the dispute settlement mechanism of the international trade in service on the procedural and substantive rules. |
