Potential Inconsistency between China's GATS Obligations and Relevant Domestic Legislation
International Trade and Business Law Review, May 2014
27 Pages Posted: 31 May 2014
Date Written: 2014
One consequence of China’s accession to WTO has been a highlighting of the tensions between its domestic legislation and WTO obligations. With regard to GATS, there were six disputes involving China as the respondent. Apart from the previous GATS-inconsistencies, this paper tries to identify whether certain domestic measures are still inconsistent with, and prevent China complying with, its GATS obligations. The comparison of China’s GATS commitments and relevant domestic legislation reveals two potential inconsistencies in mail courier services and religious education services. Based on the discussion of alleged issues of former six GATS disputes against China, this paper analyses whether domestic legislation on mail courier and religious education services are consistent with market access (Article XVI), national treatment (Article XVII) and general exception (Article XIV). Then, it concludes that measures at issue are inconsistent with China’s GATS obligations. In order to solve GATS-inconsistencies previous to a GATS dispute against China, this paper suggests Chinese Government either amends domestic measures or modify China’s GATS schedule.
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