| The international trade law and international investment law belong to different disciplines.They are different in the legislative background,legislative objective and specific content.With the trade agreement related to the investment under WTO and the free trade agreements including investment section were signed,international trade law and international investment law were connected.In order to make international investment be convenient,foreign investors require the host country to give foreign enterprises some treatment on investment access and follow-up operation,and timely publicize and publish investment-related policies and regulations.It is the economic requirement that makes the link between international trade law and international investment law become closer.After the Second World War,there was a peaceful and stable social environment for the development of service industry.Not only traditional service departments such as commerce,transportation,finance have made great progress,but also new service departments have came out,such as consulting,tourism and so on.The continuous development of service makes it possible to occupy an increasingly important position in the national economy and become an important driving force of the economic development of one country.However,the strengths in the service industry of countries are not the same.Developing countries don’t make a good performance in the service sector,so usually they need to import services.The competitive advantage of the service industry between developed countries is not the same.They need import and export of service between them.As time goes on,international trade in services increasingly becomes an important part of global trade in the new era.There isn’t a global agreement to regulate the international trade in services.The market access,investor treatment and dispute settlement under international trade in services are often regulated by national laws or bilateral investment agreements.The General Agreement on Trade in Services was based on the Uruguay Round negotiation.The United States was the prime mover.There are four modes of international trade stipulated in the General Agreement on Trade in Services.In these four modes,the international trade in services is linked to the international investment through the "Commercial Presence".The characteristic of service is production and consumption at the same time,which requiring the establishment of a commercial institution in another country to provide services to consumers.International trade is done through the "Commercial Presence",which also brings foreign capital into other countries.In this case,the general rules and specific obligations of the General Agreement on Trade in Services shall be binding on international investment activities.Specifically,international trade in services has absorbed a series of principles to promote the liberalization of international investment,for example,MFN treatment principle and national treatment principle.It breaks the separation of international trade law in services and international investment law,and the relationship between international trade in services and international investment can be looked from a new perspective.The research method of this paper is cross-discipline.This paper begins with the relationship between international trade in service and international investment,then analyzes the way that General Agreement on Trade in Services connecting with international investment.This paper discusses the General Agreement on Trade in Services on promoting international investment law through the overall and partial perspective,and proposes that China as a contracting state of the General Agreement on Trade in Services,it is necessary to perfect the legislation of foreign investment in the field of services.The innovation of this paper is to analyze the impact of the General Agreement on Trade in Services from the perspective of international investment law.This paper is divided into three parts:The first part expounds the concept and characteristics of international trade in services,and analyze the relationship between international trade in services and international investment,then proposes that the General Agreement on Trade in Services is connected with international investment through "Commercial Presence".The second part discusses the promotion of the General Agreement on Trade in Services on the international investment law from the perspectives of enriching the connotation of international investment law,accelerating the legislation and policy coordination of service investment,being used as a reference for bilateral investment treaties,implicating for building a comprehensive multilateral legal system on investment,providing a solution for service investment disputes.Then this part analyzes the affect of the MFN Treatment Principle,the Transparency,Domestic Regulation,the National Treatment,the Market Access on international investment law.The third part expounds the status quo of foreign investment law in China’s service industry,and analyzes the deficiency of the legislative authority,two-track system,transparency and so on.This part proposes that we should perfect the laws and regulations on foreign investment in China’s service industry according to the international standard and perfect the law of supervision and administration of foreign investment in service industry and enhance the transparency of foreign investment laws and regulations in service industry. |
