Liberalization of trade in educational service and its impact on the right to education

Table of Contents

I Introduction

II Institutional Frameworks and Contexts

2.1 Norms and standards of Human Rights most relevant to Liberalization of Trade in Educational Services

2.2 Liberalization of Trade in Educational Services

2.2.1 Trade in Services and Trade in Educational Services in Particular

2.2.2 The framework of GATS in WTO regime

Background, Objective, scopes

Coverage, Exemption and Modes of Supply

Structure, Core Components and Key Features

III Theoretical Framework

3.1 Trade and Welfare

3.1.1 Gains of Free Trade

3.1.2 Distributional Effect and Overall Welfare

3.1.3 Protection and Loss of Welfare

3.2 Market Failure and Government Intervention

3.2.1 Market Failure Argument

3.2.2 Theory of the Second Best and Principle of Targeting

3.3 Public Goods, Externalities and Education

3.3.1 Definition and Characteristics of Public Goods

3.3.2 Is Education a Public Good?

3.3.3 Financing and Provision of Public Goods: the Case of Education

3.4 A Summary of the Theory Section

IV Does Liberalization of Trade in Educational Services Promote or Threaten the Right to Education?

4.1.1 About the availability and accessibility

4.1.2 About State Accountability

4.1.3 About the Equity

4.1.4 About the Quality

4.1.5 About Long-term Economic, Social and Cultural Impacts

4.2 Country Case study: Examining the Impact of Liberalization in Trade of Educational Service on the Right to Education in China

4.2.1 China’s Education System and Problems

Basic facts about China's education system

Key Problems impeding the Right to Education: Financial Obstacle and Regional Imbalance

The Growth of Private Provision

4.2.2 International Trade in Educational Service in China

International Trade Related Regulatory Environment and China's GATS Commitments

Current Trade in Educational Services

Market Demand and Consumer Psychology: A Nation-wide Survey (National Bureau of Statistics of China, 2002)

4.2.3 Challenges and Opportunities

Access and Equity

Quality Issue

Brain Drain

V Summary and Conclusion

Objectives and Scope of the Thesis

The primary objective of this thesis is to examine the relationship between the liberalization of trade in educational services and the fundamental right to education. The study explores whether trade liberalization, specifically within the GATS framework, poses a threat to the realization of the right to education or if it can serve as a complementary force for its promotion, with a specific focus on the context of China.

• The role of international trade and GATS in the education sector.
• Economic theories regarding trade, welfare, public goods, and market failure.
• The potential for both challenges (e.g., inequity, brain drain) and opportunities (e.g., expanded access, improved quality) stemming from liberalization.
• The specific case of China's educational system, regulatory environment, and its GATS commitments.
• The necessity for balanced domestic and international policy measures to protect the right to education while engaging with global trade dynamics.

Excerpt from the Book

Summary of Chapters

I Introduction: This chapter introduces education as a fundamental human right and highlights the growing global trend of trade in educational services, framing the research question regarding the compatibility of liberalization and human rights.

II Institutional Frameworks and Contexts: This section details the international legal framework governing the right to education and the WTO's GATS agreement as the primary regulatory structure for trade in services.

III Theoretical Framework: This part provides a comprehensive economic analysis, covering the gains from trade, the market failure argument, and public goods theory as they apply to education.

IV Does Liberalization of Trade in Educational Services Promote or Threaten the Right to Education?: This chapter discusses the controversies, arguments, and counter-arguments surrounding liberalization, and includes a detailed case study of China's education system and the potential impacts of trade policies.

V Summary and Conclusion: This final chapter synthesizes the main findings, suggesting that liberalization and human rights objectives are not irreconcilable if managed with sound domestic and international regulatory policies.

Keywords

Liberalization, Education, Right to Education, GATS, WTO, Public Goods, Market Failure, Trade, China, Human Rights, Economic Policy, Privatization, Higher Education, Educational Services, Brain Drain

Frequently Asked Questions

What is the core focus of this master thesis?

The thesis focuses on analyzing the impact of trade liberalization in educational services on the fulfillment of the fundamental right to education, particularly in the context of the WTO's General Agreement on Trade in Services (GATS).

What are the primary thematic fields covered?

The study spans international trade law, human rights law, economic theory (public goods and market failure), and educational development policy, with a specific practical case study of China.

What is the central research question?

The research explores whether the liberalization of educational trade is in conflict with the obligation of states to ensure the right to education, or if it can be reconciled as a means to achieve broader educational access and quality.

Which scientific methodology is employed?

The thesis utilizes an interdisciplinary approach, primarily basing its analysis on international trade theories and public goods theory, while consistently applying a human rights-based perspective to evaluate policy outcomes.

What does the main body of the work address?

The main body examines the theoretical rationales for government intervention in education, the potential risks and benefits of trade liberalization in this sector, and evaluates the situation in China regarding its education system, private provision, and GATS commitments.

Which keywords best describe this study?

Key terms include liberalization, right to education, GATS, public goods, market failure, China, and brain drain.

How does the thesis view the role of the Chinese government?

The author argues that while China faces severe budget constraints and educational disparities, the government remains crucial for regulating the market and ensuring that liberalization serves public objectives rather than purely commercial ones.

What conclusion does the author draw regarding "brain drain"?

The author identifies brain drain as a significant risk for developing countries like China, where the emigration of high-skilled individuals in pursuit of international education can jeopardize long-term development, necessitating proactive policy measures to secure return and career opportunities.