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Title: WTO服務貿易國內規章有關問題之探討
Other Titles: Domestic Regulation and Service Trade in WTO
Authors: 張新平
Chang, Shin-pyng
Keywords: 世界貿易組織;服務貿易總協定;國內規章;必要性;公開化
Date: 2009-12
Issue Date: 2016-05-20 15:36:25 (UTC+8)
Abstract: 本文擬針對國內規章所生上述爭議問題提出探討。首先開宗明義界定GATS國內規章之意義,其次探究GATS規範國內規章之目的,接下來解析GATS第六條各項規定之意涵,最後探討在研擬國內規章準則時所產生之各項爭議問題,期能釐清國內規章及其準則談判時產生之疑義。
The domestic regulation contained in Article 6 of GATS and its developments have been accompanied by a growing public debate about their substantive nature, benefits and detriments, which include, inter alia, the definition, scope, and purpose of domestic regulation, and some ambiguous comments, such as “Article 6 is being strengthened with the aim of requiring Members to show that they are employing least trade-restrictive policies. The legal tests under consideration would outlaw the use of non-market mechanisms such as cross-subsidization, universal risk pooling, solidarity, and public accountability in the de-sign, funding and delivery of public services as being anti-competitive and restrictive to trade.”\r This paper discusses and analyses the legal dimension of domestic regulation. The first four sections analyze the definition, scope and pur-poses of domestic regulation. The fifth section discusses controversial issues involved in developing Disciplines on Domestic Regulation. This paper also aims to stimulate academic debate and clarify some ambi-guous concepts.
Relation: 法學評論, 112, 137-199
Data Type: article
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