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題名: | WTO服務貿易國內規章有關問題之探討 | 其他題名: | Domestic Regulation and Service Trade in WTO | 作者: | 張新平 Chang, Shin-pyng |
關鍵詞: | 世界貿易組織; 服務貿易總協定; 國內規章; 必要性; 公開化 | 日期: | Dec-2009 | 上傳時間: | 20-May-2016 | 摘要: | 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. |
關聯: | 法學評論, 112, 137-199 | 資料類型: | article |
Appears in Collections: | 期刊論文 |
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112(137-199).pdf | 794.71 kB | Adobe PDF2 | View/Open |
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