论《服务贸易总协定》的投资协定性质

On the Investment Agreement Nature of General Agreement on Trade in Services

《服务贸易总协定》在性质上是各国签订的国际投资协定,并非贸易协定,这是由服务本身的性质造成的。从《服务贸易总协定》的性质和宗旨看,发达国家有意搭多边贸易体制的便车,以服务贸易之名行对外投资之实;从《服务贸易总协定》对服务的分类看,商业存在和自然人流动无疑要伴随着跨国投资;从《服务贸易总协定》对最惠国待遇和国民待遇的规定看,这里的待遇实际上是给予服务的提供者而不仅仅是给予作为商品的服务;从《服务贸易总协定》对市场准入的规定看,市场准入允许服务提供者在他国进行投资设业,这涉及东道国对外资的审批。《服务贸易总协定》的签订,不仅丰富了世界贸易组织的议题,也为世界贸易组织的运行带来了新的挑战。

The nature of General Agreement on Trade in Services is an international investment agreement which are signed by countries,but not an international trade agreements,which is caused by the nature of service.In view of the nature and purpose of the General Agreement on Trade in Services,the developed countries wish to take a free ride of the multilateral trading system,in order to make foreign investments in the name of trade in services;In view of the classifications of service in the General Agreement on Trade in Services,commercial presence and movement of natural persons are undoubtedly to be associated with cross-border investment;In view of the MFN＇s and national treatment＇s provisions in the General Agreement on Trade in Services,Those treatments are actually not only given to service as a commodity,but also to the providers of service;In view of the market access provisions in General Agreement on Trade in Services,the market access provisions allow service providers to invest in another country,which relates to foreign investment＇s examination and approval of the host country.The sign of General Agreement on Trade in Services not only enrichs the issues of World Trade Organization,but also brings new challenges for the running of World Trade Organization.