چکیده:
The General Agreement on Trade in Services (GATS) contains a series of principles and regulations determining trade in services, including rail transport services. Countries seeking accession to this organization, including Iran, are obliged to resolve inconsistencies between their laws and regulations in the rail transport sector with the principles and regulations of GATS, and some may be able to impose exemptions and exceptions to these principles during accession negotiations. This article aims to address the gap in the country's legal literature in this regard; in the first part, it explains the most important principles of GATS in the rail transport sector and its flexibilities, and in the second part, it examines the legal inconsistencies of the country in this sector and, in the conclusion, provides solutions to the legislator and the Iranian negotiating team.
خلاصه ماشینی:
Inconsistencies of Iran's railway transport regulations with the principles of the World Trade Organization (WTO) and providing a solution Mohsen Sadeghi * Assistant Professor, Institute of Comparative Law, Faculty of Law and Political Science, University of Tehran Benham Ghafari Farsani PhD student in Private Law, University of Tehran and researcher of the Economic Law Group of the Institute of Trade Studies and Research (Date of receipt: 1387/11/2 - Date of approval: 1388/1/16) Abstract: The General Agreement on Trade in Services (GATS) contains a series of principles and regulations defining trade in services, including railway transport services.
In the meantime, Iran's accession to the World Trade Organization and acceptance of the provisions and principles of the GATS agreement, given the relative prevalence of rail transport in the country, can have legal benefits such as creating stability and transparency in the laws governing this sector and economic advantages such as increasing incentives Domestic transport operators will benefit from the entry of foreign competitors and the equipping of Iran's rail lines and equipment as a result of the entry of appropriate and new foreign tools and equipment, as well as increased trade relations with other members of the World Trade Organization - which controls more than 95% of world trade; something that is currently not feasible, given the existing cumbersome, discriminatory and variable laws of Iran and the unsuitable equipment of the country's rail transport fleet.