A Study on the Regulation of Telecommunication Services under GATS: Focusing on the Practice of Taiwan's Regulation on Telecommunication Services
|關鍵字:||GATS;電信附件;電信談判基本附件;電信參考文件;電信承諾表;電信服務業;GATS;Annex on Telecommunications;Annex on Negotiations on Basic Telecommunications;the Reference Paper;Specific Commitment on Telecommunication;the Telecommunication Service industry|
|摘要:||世界貿易組織（WTO）的最高理想就是創造一個自由的貿易環境，讓所有的消費者都能以最低的價格獲得最佳的服務，其中有關服務貿易自由化就以GATS（General Agreement on Trade in Service）規範之。
The highest object of WTO is to create a free trade environment to let all consumers buy the best services with the cheapest price, and the service liberalization is regulated by GATS (General Agreement on Trade in Service). If there is no exception, the Telecommunication Service industry also belongs to the scope of GATS, so every WTO member bears the obligation and enjoys the right under GATS. However, since the huge benefit behind the Telecommunication Service industry, and the unique of this industry, it is especially intractable to manage and regulate. So, the regulation under GATS to manage the Telecommunication Service industry could be divided into following categories: the text of GATS, Annex on Telecommunications, Annex on Negotiations on Basic Telecommunications, the Reference Paper, and so on. As for the Reference Paper, because it is committed by WTO members in the form of additional commitment in their Specific Commitment, not every WTO member is bound by Reference Paper. The every document mentioned above, though deferent each other, has the same object, which is trade liberalization. Being as a member in WTO, we should understand every meaning behind those documents, and the effect of them. In addition, if we are going to challenge other countries inconsistent with the obligation under GATS, we should also obtain the basic understanding of it. This is the first purpose of this thesis. Like many other countries, Taiwan’s Telecommunication Service industry was set up by government to provide inner people with the service they need. However, this kind of government-operated industry is no longer being able to compete with new market-incomers because of the WTO requirement. Domestic regulation not only ceased the protection of incumbent company, but also allowed the new market-incomers to interconnect with them. The government asked them to share the hinge equipment, and executed such kind of asymmetric regulation. So, the second purpose of this thesis is to exam whether our domestic regulation is consistent with our obligation under GATS or not, including the text of GATS, Annex on Telecommunications, Annex on Negotiations on Basic Telecommunications, the Reference Paper, and so on. If there is any violation, we should improve it; if there is no violation, still, we should consider whether we could liberalize more to make the competition fairer to achieve the goal of GATS.
|Appears in Collections:||Thesis|
Files in This Item: