Research On The “Domestic Regulation” Issue In Trade In Services Agreement

In recent years,the "Trade in Services Agreement"(TiSA),led by the US and the EU,with its high standards of liberalization of trade rules is attracting people’s attention,but also raised a lot of worries."Domestic Regulation" is an important and sensitive issue in TiSA,which applies to all departments as a horizontal issue.As an unfinished tasks in the GATS,the goal of domestic regulatory disciplines is to further reduce trade protectionism hidden in domestic law without eroding the regulatory sovereignty of member states improperly,so that it can promote the liberalization of trade in services.As a "plurilateral agreement" with many participating countries and a wide range of influence,the domestic regulation disciplines within TiSA contains the core obligation of Art.Ⅵ of GATS,and develop some specific rules.It strengthen the transparency obligation,keep the necessity test and reflects some new trends.This article includes five sections.The first section includes the literature review of domestic regulation and TiSA,and clarify the necessity of domestic regulation.The second section and the third section are the key chapters of this article.In the second section,the background of Domestic Regulation issues will be demonstrated,then the negotiations of TiSA will be introduced.In the third part,this article will analyze the domestic regulatory disciplines in TiSA,then compare it with the domestic regulatory disciplines under the GATS Art.Ⅵ made by WPDR,illuminating the characteristics of the TiSA domestic regulatory disciplines and the new trends it demonstrates.In the fourth part,several possibilities for the multilateralization of TiSA has been analyzed,and the impact of the TiSA negotiations will be pointed out.Finally this paper proposes that in order to deal with the impact of TiSA,China should seek to join in the negotiations of TiSA if possible.What’s more,it’s crucial for China to improve present legislation on trade in services,and pay more effort on opening the service industry.