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Research On The Legal Issues Of Connectivity Within International Trade In Service Under The Belt And Road Initiative

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2506306305491044Subject:Master of law
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Since the Han dynasty,the Silk Road had played an important role in promoting politics,economy,culture and so on.It had been recognized by the countries along the route and other countries unanimously.At present,the WTO multilateral trading system is faced with a large number of members and inconsistent interest demands.It is difficult to reach an agreement satisfactory for all parties.In order to solve this problem,President Xi Jinping took the "Community of Shared future" as a new perspective and put forward the major initiative of building "The Belt and Road Initiative" jointly in 2013.The core of "The Belt and Road Initiative" is connectivity.This paper focuses on the connectivity of international service trade."The Belt and Road Initiative" involves many nationas,which not only need to be grasped at the macro level of the law,but also need to solve the micro legal issues actually generated.Firstly,trade in services had become the most dynamic component of global trade and it was playing an increasingly important role in the global economy.However,the degree of openness of trade in services varies between developed and developing countries.The time and cost of importing and exporting barriers of service trade in developing countries are significantly higher than those in developed countries.Secondly,the WTO doha round negotiations still failed to reach a concrete consensus.Thirdly,if China,especially the developing countries does not improve its participation in the international service trade negotiations and allows the developed countries to unilaterally formulate the international service trade rules,it may deprive the developing countries of the right to speak on the liberalization of international service trade.Based on the above considerations,more and more developing countries begin to take an active part in the negotiations on the liberalization of international trade in services,and strive to formulate their own national rules of service trade so as to safeguard their rights and interests.This is not only the objective need of the development of international economic globalization,but also a concentrated reflection of the extensive participation of all countries in international affairs.Therefore,it is necessary to improve market access rules for trade in services,enhance transparency and the connectivity of international trade in services,so as to escort the development of "The Belt and Road Initiative" and eventually move towards a "Global community" and "Community of Shared future for Mankind".In conclusion,this paper used Trade Facilitation,Trade Liberalization and Regional Economic Integration Theory.Through the introduction of the background,began to research from the concept of"The Belt and Road Initiative",international trade in services,connectivity.On the basis of these concepts,I analyzed status of law application of our country and countries along the road in the field of trade in services about connectivity,and connected the international trade in services of countries along the judicial practice in the specific case to discuss.I summarized the current the issues along the road law of hampering the interconnectivity of trade in services,from the general and special obligations,the dispute settlement mechanism.I analyzed the innovation of TPP,TTIP and TISA,and draw lessons from the negative listing in transparency,market access system,putting the personal and countries into the dispute settlement body and other rules.I proposed that putting negative listing obligations in international trade in services into accessing principles and set up the court and mediation system of “The Belt and Road Initiative".Thus I put forward legislative building of international service trade interconnection under "the Belt and Road Initiative".Compared with other researchs,I tried to explore to establish a mediation system,with "Oriental Wisdom" so as to resolve disputes over international service trade.The implement of negative list for market access can promote of the connectivity between the area countries.It also provides advice on the legal system of the connectivity of the international trade in services.
Keywords/Search Tags:"The Belt and Road Initiative", connectivity, trade in services, trade facilitation, negative list
PDF Full Text Request
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