Study Of The General Principles And Problems Of International Safeguards In France

International safeguard measures, which have the sources of law relating to WTO agreements and regulations, as well as with the organizational formation for corporation, have acted and are still acting a major role on the construction of safeguard legal system and implementing safeguard measures for the WTO members. It is an indispensable instrument to harmonize the contradiction between the goal of international trade freedom and the need of protection for domestic industry at certain conditions. Fully and systemically studying the "so-called new" international legal system, has the importance in both theory and reality for China, which has hold the membership of WTO with the title of big player in international trade.The author will, on the base of the balance principle of free trade and domestic industry protection, together with the research techniques by analyzing regulations, cases, history and etc, examine the provision of current international safeguard legal system and applicability of the rules. The thesis will try to give the guidance to the international safeguard legal configuration. What's more, at the precondition of examining the safeguard regulation both at international and Chinese domestic level, the thesis will precisely provide the meaning of articles submitted on the regulations, and standardize the Chinese safeguard practice, harmonize relationship between the domestic economy protection and the development of foreign trade.Seven chapters, and 180,000 words comprise the article. It includes four majorcontents, which are basic theory of international safeguard regulations, analysis and applicability of current WTO safeguard provisions, survey and suggestion for consummating current WTO safeguard provisions, protection of rights and fulfillment of obligations under Chinese international safeguard legislation.I. Basic Theory of International Safeguard RegulationsThe content is arranged in Chapter I, and is systemically addressed by four sections. First, considering the comprehensive safeguard measures existing in multilateral trade system, the author gives the safeguard measures at narrow sense, which is approved by WTO. Meanwhile, after anatomy of the concept in-depth, chapter I concludes three characteristics, namely 'particularity', 'equitableness' and 'restriction'.Secondly, due to the obvious restriction efficacy, there are biggish argument over the question relating to needs of existing and practice of safeguard measures. For farther understanding the nature and principle of the safeguard legal system, this chapter introduces the views of supporting safeguard measures through economic principium, politics theory and jurisprudence elements, and then it sum up the existence and applicability of safeguard measures through the integration of extensive elements.Thirdly, by introducing and analyzing the early era safeguard rules and GATT provisions as well as the WTO system, chapter I on one side provides the process of development of international safeguard regulations, on the other side, it summarizes that establishment of the regulations consequentially resulting from the compromise between the constitutors.Last, through examination the practice of the international safeguard regulations, the article sums up the basic characteristic of the legal system, sequentially posts the system's function to harmonize the international trade, its contents and configuration, therefore to help people to be able to view the system at legal branchII. Demonstration and Applicability of Current WTO Safeguard ProvisionsThe question mentioned above is interpreted by four chapters, i.e., Chapter II (Survey of Increase of Imports), III (Demonstration of Serious Injury), IV (Application of WTO Safeguard Measures), V (Procedures of International Safeguard Regulations). The analysis of safeguard cases involved Korea-Dairy, Argentina-Footwear, U.S-Wheat Gluten, U.S.-Line Pipe, U.S.-Lamb, U.S.-Steel and etc. Furthermore, the thesis refers to various international academic materials, mainly puts...