Study On Implementation Manners Of WTO Safeguard Measures

In case of sharp increase of import causing the serious injure or the threatening of serious injure on the domestic industry, WTO members can invoke the emergency actions according to GATT XIX and WTO Agreement on Safeguards. After scores of years' trading practice as well as several rounds of multi-lateral negotiations, the non-discriminatory implementation manners has been gradually established.However, a great number of loops in respect of implementationmanners existing in the Agreement on Safeguards have not only arousedgreat inconvenience in practice, but also provided a theoretical basis forArticle of XVI of Protocol on the Accession of the People's Republic ofChina, which is a typical discriminatory safeguard clause. Moreover, thisarticle is carrying much impact on China's export as it has been absorbedand transferred into the domestic laws and implemented in practice bymany countries. Thus, it is quite urgent for us to give responses to thisdisadvantage.In the first and second parts of this discourse, the author introduces various safeguards mechanism in intensive and extensive definition under WTO frame and discloses the evolvement of the implementation manners of safeguards and relative legislations of different countries. Then, the author makes an analysis on the disadvantages in the Agreement on Safeguards. In the third part of the discourse, the author exhibits the origin of discriminatory safeguards clause in accession protocol and analyze the disadvantages of Article XVI of Protocol on the Accession of the People's Republic of China. At last, countermeasures and suggestions to our country are stated in the fourth part of the discourse.