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Introduction

Urgency of dissertational research.

One of the basic tendencies of development of the international economic relations of second half of XX-th century and the XXI-st century beginning is considerable growth of sphere of services.

So, if in 1970 world export of services constituted 99,9 billion doll [1]., in the mid-nineties export of services constituted almost the fifth part of a total cost of world trade (1230 billion doll, at the export of goods constituting 4875 mlrd, dollars), without operations with services of branches of the foreign companies in territories of other countries. [2] in 1997 export of services constituted already 1310,8 mlrd, doll [3], and in 1999 - 1350 mlrd, doll, or about 20 % of all international trade. [4] According to calculations of Institute of economic and the international relations of the Russian Academy of Sciences, to the end of the first decade of a current century the volume of world export of services can increase four times. [5]

Thus the sphere of services receives the greatest development in the countries with the developed market economy. For example, the share of services in total amount of foreign trade of the USA (3580 mlrd, dollars) in 1993 constituted about 30 % (1030 mlrd, dollars). [6]

The share of developing countries also has a little increased recently in international trade in services, basically for the account juzhnoyoaziatskih exporters of services: South Korea, Siangan and Singapore. Thus if the developed countries specialise in bolshej degrees on trade in business services, developing countries - on granting of tourist services.

As to the countries with transitive economy in region Central and the Eastern Europe, Baltics and the CIS the greatest relative density in granting of services belongs to Russia, Czechia, Poland and Hungary ' are most competitive in the world market of services

According to a number of scientists, the official information on international trade in the services, based on indicators of national balances of payments, does not reflect real data on volumes of such trade. [7 [8] as a whole foreign experts establish the tendency of understating of size of international trade in services on 40 50 %. [9]

Thus, international trade in services is one of the most perspective and bystrorazvivajushchihsja spheres of the international economic relations that demands its appropriate regulation.

However till now international legal regulation of international trade by services does not meet requirements of its participants: liberalisation of international trade by services is at low enough level; degree of monopolisation of trade in services much above, than trade in the goods.

Meanwhile liberalisation of trade by services involves development of a competition and, as consequence, price level fall, improvement of quality of service, increase in possibility of a choice the consumer of services, involves more innovations, investments, leads to higher employment of the population.

Feature of process of interaction of the states services consists in sphere of international trade that, recognising necessity of development of international trade in services, the states at the same time substantially contain its growth by national certificates in which protective (protectionist) activity of the states is expressed.

It is represented, that in the conditions of process of internationalisation and strengthening of interdependence of world economic system to resolve the arisen contradiction probably only joint efforts of the states by search of mutually acceptable and mutually advantageous forms of co-operation.

Complex research of questions of cooperation of the states in sphere of international trade in services allows to reveal problems and prospects of international legal regulation of trade in services at universal level and within the limits of integration associations, and also to define the basic directions and forms of participation of Russia in mezhdunarodnoyopravovom regulation of trade by services that is especially actual in aspect of process of the introduction of our state in the World Trade Organization (WTO).

Subject of dissertational research are: essence of international legal regulation and the mechanism mezhdunarodnoyopravovogo regulations of international trade by services; process of formation and development of international legal regulation of trade by services at universal level and frameworks of regional integration associations; questions of participation of Russia in regulation of international trade by services, and also actual problems of cooperation of the states in sphere of regulation of international trade in services.

The purpose of dissertational research is the analysis of evolution of cooperation of the states in sphere of international legal regulation of trade in services; the complex analysis of problems, tendencies and prospects of development of these relations; definition of the basic directions and forms of participation of Russia in international legal regulation of trade by services.

For realisation of the given purpose the author has put before itself following primary goals:

1. To define concept of international legal regulation and the mechanism of international legal regulation.

2. To reveal features of the mechanism of international legal regulation of trade in services.

3. To reveal forms of international legal regulation

Trade in services.

4. To carry out istoriko-legal research of forms of co-operation of the states in the field of regulation of international trade by services.

5. To carry out the analysis of cooperation of the states in the field of regulation of international trade by services within the limits of the World Trade Organization and regional integration associations.

6. To consider the basic aspects of participation of Russia in mezhdunarodnoyopravovom regulation of trade by services, to reveal problems and prospects of its participation in multilateral regulation of trade by services at universal and regional levels.

Methodological and theoretical bases of dissertational research.

The methodological basis of research is constituted by a complex of scientific methods of research, such, as istoriko-legal, sravnitelnoyopravovoj, legallistic, system-structural.

The istoriko-legal method has been used by consideration of formation and development of multilateral regulation of trade by services both at universal level, and within the limits of regional integration associations.

Rather-legal method is involved at the analysis of cooperation of the states in sphere of trade by services within the limits of regional integration associations, conformity of separate aspects of such regulation to positions of the General agreement on trade in services (GATS) [10].

Use of a legallistic method has been defined by the analysis of various international legal contracts, normativnoyopravovyh certificates of the Russian Federation, other sources of law.

Questions of international legal regulation of trade have been considered by services in aspect of process of globalisation where the international relations appear interconnected and vzaimodopolnjaemymi. In these purposes the system approach has been used.

In the dissertation theoretical concepts and results of researches of domestic and foreign scientists were applied. Conclusions and positions of such authors, as L.P.Anufriev, S.V.Bahin, V.V. Bezbah, A.G.Bogatyryov, M.M.Boguslavsky, G.M.Velyaminov, D.Vejler, S.A.Grigoryan, P.Demaret, D.Jackson, M.Dzhensen, I.I.Djumulen, A.I.Yevseyev were used; B.Zhake, P.Zhjujar, I.V.Zenkin, JU.D.Ilyin, A.JA.Kapustin, D.Karro, S.J.Kashkin, S.Klessens, E.J.Kovalkova, J. Kunts, B.I.Koltsov, D.K.Labin, I.D.Levin, V.I.Lisovsky, I.I.Lukashuk, L.A.Lunts, E.G.Moiseyev, G.N.Neshataeva, V.K.Puchinsky, O.N.Sadikov, J. Scott, B.I.topornin, M.Trebilkok, T.Tridimas, G.I.Tunkin, N.A.Ushakov, R.Haus, G.Hafbauer, V.N.Honin, S.V.Chernichenko, V.M.Shumilov, I.Emilio, M.Empel, etc.

Scientific novelty of dissertational research.

Works of scientists in considered sphere are devoted, basically, to separate aspects of international legal regulation of trade in services. In a complex approach to research of questions of international trade by services of prof. G.V.Velyaminov and prof. I.I.Djumulen, and also a number of foreign authors, in particular, I.Zhjujar, D.Karro. However in a domestic science practically there is no complex analysis of the problems which have become by a subject of given dissertational research. In work the concept of the mechanism of international legal regulation of trade is developed by services, forms of international legal regulation of trade are systematised by services; modern problems of international legal regulation at universal level and within the limits of integration associations are analysed; problems and prospects of participation of Russia in international legal regulation of trade by services are revealed.

The practical importance of results of research is defined by an urgency and novelty of the problems considered in the dissertation, and also that noted questions are directly connected with the decision of specific targets in the field of the international trade relations. Offers and the conclusions formulated by results of carried out dissertational research, can be used in practical activities at development of strategy and carrying out of negotiations on trade in services within the limits of participation of Russia in economic integration processes, perfection of the domestic legislation in sphere of services, and also in educational process. Acquaintance to results of research can be interesting also physical and to the legal bodies who are carrying out activity in the field of international trade by services at studying of pressing questions, problems in considered sphere and tendencies of its development.

The carried out research allows to formulate and take out following substantive provisions on protection:

1. It is necessary to understand the activity answering to certain criteria as trade in services. These criteria, first of all, concern its market character (i.e. realisation on the basis of the contract, on vozmezdnoj, a competitive basis) and, as an end result, satisfaction of requirements of the customer.

2. Feature of international legal regulation of trade in services is institutsionalnyj the approach, that is realisation of regulation by means of the various intergovernmental organisations. In the separate organisations the increasing development receives the method of a subordination which is not typical for international legal regulation. Meanwhile presence of a method of a subordination does not change the nature of the international relations as this method is derivative of a method of multilateral regulation of the international relations, and at the heart of its application the adjusted will of the states still lays. Thus nadnatsionalnaja the international organisation does not limit the sovereignty of the states entering into it. It represents the specific mechanism created by the coordination vol of the sovereign states, for the most effective decision of questions with a view of realisation of their general and individual interests in the conditions of globalisation process.

3. Realisation of international legal norms is carried out with the help both international legal, and national-legal realisation mechanisms. The National-legal regulation connected with realisation of international legal norms, is a part of the mechanism of international legal regulation of the international public relations that confirms the thesis on complex regulation of international legal relations, including in sphere of trade in services. Thus, because of absence of the unequivocal approach to concept of service, the same international legal norms, being are incorporated in national legal systems of the various states, can regulate in practice various relations that speaks about incompleteness of international legal regulation of trade in services and a prevailing role of the national law in the mechanism mezhdunarodnoyopravovogo regulations of trade by services.

4. As efficiency of international legal regulation of trade in services in many respects depends from implementatsii mezhdunarodnoyopravovyh norms in the domestic law of the states, the great value has achievement of uniformity of national legal regulation by means of the international unification. Thus the direct unification calculated on direct application of conventional norms in case of their inclusion in legal system of the states, is used in sphere of trade by services enough ogranichenno (for example, in transport sector). The international trade Most typical for this sphere indirect unification at which in the international treaty the norm which is coming under to application at regulation of concrete relations in the state is fixed not, and certain obligations of the states to settle those or other relations definitely is.

5. A main objective of international legal regulation of trade in services is its liberalisation. Process of liberalisation of international trade by services has the certain complexities connected with specificity of services. Liberalisation of trade by services is possible only at maintenance of freedom of moving of suppliers and consumers, creations of a favorable investment mode, maintenance of freedom of payments.

6. The form of economic integration has no defining value in sphere of development of regulation of trade in services that proves to be true achievement of high level of liberalisation of trade by services as within the limits of the European communities evolving before creation of the European Union (EU), and within the limits of North American association of free trade (NAFTA). Experience of liberalisation of trade by services in EU, thanks to activity of the European commission and Court of the European communities, is unique, in one other integration association the conditions promoting development of sphere of services at so high level are not created. At the same time experience NAFTA shows, that essential liberalisation of trade by services is possible out of the political union, within the limits of more simple form of economic integration.

7. Development of trade by services within the limits of Commonwealth of independent states (CIS) is on a low level, the norms of agreements to some extent mentioning questions of trade by services, are reduced to granting to the most favoured nation treatment parties. The positions providing the further liberalisation of trade by services have in many respects declarative character and do not provide the mechanism of their realisation. Closer economic relations develop within the limits of the Euroasian economic community (EvrAzES). Considerable prospects of development of international trade are put in pawn by services in agreements of the states on creation of Uniform economic space within the limits of the Organization of regional integration (SHOUT).

8. The introduction of Russia into the World Trade Organization can have for development of sphere of services various consequences depending on that, possibilities GATS, supposing time introduction of protectionist measures in separate sectors of services, in the interests of our state extremely requiring protection how much will be thus used.

In spite of the fact that as a result of spent reforms sufficient conditions for integration of Russia into system of world economic communications have been created and the comprehensible legislative base, by the current moment many services of the Russian suppliers is created are noncompetitive, that not only will not allow domestic service providers to use completely advantage from participation of our state in this organisation, but also can lead to essential deterioration of their position. Therefore development of national economy of Russia should advance opening of the market of services to foreign suppliers.

Approbation of results of dissertational research

Materials of dissertational research were used at lecturing and carrying out of seminar employment on international law in the Moscow regional humanitarian college. The basic theoretical conclusions and positions of dissertational research have been used in the report presented at the All-Russian scientifically-practical conference "10 years of the Constitution of Russia in a jurisprudence and practice mirror", passing on December, 18-19th, 2004 at the Moscow state university, and also have found reflexion in scientific articles of the author.

Research structure

Research consists of the introduction, three heads and the conclusion. In chapter 1 the concept of the mechanism of international legal regulation of trade is considered by services. In the first paragraph of the head the concept of international trade is given by services. In the second paragraph concepts of international legal regulation and the mechanism of international legal regulation are considered. The third paragraph is devoted consideration of process of formation and development of international legal regulation of trade by services. In the fourth paragraph the unification method in the mechanism of international legal regulation of trade is considered by services.

The second chapter is devoted consideration of questions of multilateral international legal regulation of trade by services. In the first paragraph aspects of regulation of international trade by services on global (universal level) within the limits of the World Trade Organization are considered. In the second paragraph aspects of regulation of international trade by services within the limits of such regional integration associations, as EU and NAFTA and within the limits of OESR are considered.

In the third chapter problems and prospects of participation of Russia in international legal regulation of trade by services as at global (universal) level that has found reflexion in the first paragraph of the head, and within the limits of regional associations that is reflected in the second paragraph are considered.

In the conclusion generalisation of the made conclusions, scientific and practical results of dissertational research contains.

The integration

To each chapter of the spent

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A source: Dubinkina Svetlana Nikolaevna . Mezhdunarodno-pravovoe regulation of international trade by services. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2007

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  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
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  12. Introduction