Abstract

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Title:: Applying Modern Sovereignty Theory and Sovereignty Ceding Methodto Sovereignty Analysis in International Service Trade：Taking ChineseTransnational Higher Education Service Trade for Example

Keywords:: sovereignty; ceding of sovereignty; international service trade; transnational higher education

Abstract:: In view of the dilemma facing the current sovereignty theory as far as the international servicetrade is concerned，we introduce in this paper the modern sovereignty theory and sovereignty ceding methodput forward by John H. Jackson，a famous international law professor. Taking transnational higher educationtrade for an example，we illustrate how to apply the new theory and method to analyzing and solving the issueof sovereignty in the international service trade. The core of this new perspective is to break the old thinking ofholism or stratification of sovereignty，and to establish the idea of power distribution based on specific matters.Specifically，the sovereignty is regarded as a group of separable powers operable in practice. That is，what isat issue is the distribution of the degree rather the type of power between the trading partners concerning eachspecific matter in the legal and practical aspects of the trade.