การศึกษาผลกระทบของความตกลงว่าด้วยการค้าบริการต่อกฎหมายที่เกี่ยวกับ การประกอบอาชีพและวิชาชีพของคนต่างด้าวในประเทศไทย/ มานะชัย วัฒนาวงศารัตน์ = Effects of the General Agreement on Trade in Services on Thai laws relating to alien's occupation and profession / Manachai Wattanawongsarat
This thesis is focused on the effects of the General Agreement on Trade in Services (GATS) relating to Alien’s occupation and profession. Under GATS obligations, resulting from Multilateral Trade Negotiation known as Uruguay Round, GATS's members should reduce obstacles for market access and national treatment. As one of GATS member, Thailand has to fulfil GATS’s requirements by amending laws regarding to Alien’s occupation and Profession. However, Thai Legislation reserved some kind of services only for her national which may not be compatible with GATS’s principles on progressive liberalization. The problem is how the said legislation should be amended progressively by taking into accounts our national interest especially for our Thai labour and international requirements. According to the findings, there are 8 kinds of services as reserved profession under Thai laws effected by GATS. They are construction works, transportation services, accounting services, civil engineering services, architectural services, Agent and broker services, tourist operator and tourist guides services, and legal services. Therefore, Occupation and Profession Laws of Thailand have to be amended in order to respond progressively the result of Multilateral Trade Negotiation round by round. The outcome of the analysis on Schedule of commitments of GATS members, Presence of Natural Persons as one mode of service supply, is that most of the GATS members express their non-binding intention on this mode of supply which means that labour market on service still be reserved for their national. Progressive liberalization on this area depends on the result of the next round trade negotiation. Consequently, Thailand has not be urgently, at present, to amend their legislation as far as the other members still reserved some service sectors for their national.
