Research On Legal Problems Of WTO Agreement On Safeguards

Safeguard measures is a kind of protective measure which provides the importing countries the right to remedy their fragile domestic industries and restrict the foreign goods. At the same time WTO agreement on safeguards establishes strict provisions for implementing and procedural conditions to guide the application of member states. China's entry into the WTO, which is accompanied by reduction or elimination of tariffs and non-tariff barriers to trade, will likely result in the influx of large volumes of imported goods. These import surges will surely damage China's domestic industries. Safeguard measures can play an important role in providing fragile domestic industries an opportunity to adjust themselves to face foreign competitions. More important is that, safeguard measures should be a kind of driving force to improve the industrial competitions.As a new member of the WTO, to carry out its promise to abide by the rules of the WTO, and to adapt to the legislative and development demands of its new economy as a developing country, China must continue to perfect the legislative system regarding safeguard measures. In 2001,regulation of safeguards was enacted in China. Despite its surface acceptability to WTO rule, the regulation contains defects that will appear in its application. So its provisions for implementing conditions and procedural conditions should be elaborated and expanded so as to afford greater certainty. In this respect, legislative experiences of some developed countries can give a reference.Economic globalization is the trend of economic development in the world today. Globalization should and must bring about new driving forces for economic development in all countries. China, as the largest developing country in the world will play an important role in this era. Upgrading the process of modernization on legal system of China and perfecting the Chinese safeguard measures system provide one example.