论文部分内容阅读
铁路运输属于服务贸易之一,在中国入世以后,铁路必须承担WTO统辖的一系列协定尤其是服务贸易总协定所规定的有关义务,包括一般义务和具体义务。所谓一般义务指我国在加入WTO时所作承诺中涉及到铁路部门的,铁路部门都必须履行的基本义务;具体义务指开放铁路运输市场后通过谈判所承诺的义务。一、我国政府关于开放铁路运输市场所作的承诺1、铁路部门必须承担的一般义务。履行最惠国待遇条款。即我国铁路在以往签订的双边条约中最惠国待遇的内容,在我国加入WTO时并未申请例外处理,就必须就这些最惠国待遇无条件地给予各缔约方。只要在运价和能力分配等方面给予一成员的优惠和好处,都必须立即无条件地给予所有成员。履行透明度条款。必须公布铁路运输中所实施的所有与服务贸易有关或对服务贸易总协定产生影响的法律、法规、条例等措施以及有关铁路运输的国际条约,并回答缔
Railway transportation is one of the service trade. After China’s accession to the WTO, the railway must undertake a series of agreements governed by the WTO, especially those stipulated in the General Agreement on Trade in Services, including general obligations and specific obligations. The so-called general obligation refers to the basic obligations that the railway sector must fulfill when China commits to accede to the WTO when it makes its commitments to join the WTO. The specific obligation refers to the obligation promised through negotiations after the railway market has been opened. I. The Chinese Government’s Commitment to Open the Railway Transport Market 1. The general obligations that the railway authorities must shoulder. Fulfill the most-favored-nation clause. That is, the most-favored nation status of China’s bilateral railway treaties signed in the past. When China acceded to the WTO and did not apply for exception handling, it was necessary to grant the parties unconditional status to these most-favored-nation treaties. All members must be immediately and unconditionally granted as long as the benefits and benefits of a member in terms of tariffs and capacity allocation. Fulfill the terms of transparency. All laws, regulations, rules and other measures relating to trade in services or affecting the General Agreement on Trade in Services (GATS), as well as international treaties concerning railway transport, must be published and answered