<正>WTO agreements seek to strengthen disciplines in international trade while recognizing the Members’ right to take measures that pursue nontrade domestic policies(such as environmental protection,human health and public moral.To this end,certain legal tools have been developed,within the realm of trade in goods,to discern whether a domestic regulatory measure distorting trade for public policy or protectionism.The WTO negotiation concerning service trade,especially the GATS,has focused primarily on market-opening commitments,leaving domestic regulation in other respects largely untouched. Though,the GATS framework does embrace requirements on Members to negotiate for additional disciplines on domestic service regulation, where the central question remains as how to distinguish between regulations in pursuit of legitimate objectives and those for protectionism.Here in this paper we will centre around whether "necessity test" is an appropriate legal tool for the future discipline under ArticleⅥ:4 of the GATS,promoting trade liberalization in service with enough deference to the Members’ regulatory autonomy.
Hu XY. Balance between Trade Liberalization and Domestic Regulation on Non-trade Issues in Service Trade—The Prospective Necessity Test in GATS ArticleⅥ:4[C],2012:41.
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