Research On U.S. Safeguard Mechanism

It is theoretic research on the U.S Safeguard Mechanism. Firstly, it gives a general introduction of the mechanism, including its substantial & procedural conditions and relief measures. Secondly, it makes a comparative study of the safeguard mechanism of WTO, U.S and other countries as well as conduct a deep analysis of the their possible conflicts for the purpose of understanding the U.S. legal protectionism and to some extent, its being restricted by WTO and other countries. Finally, combined with the practice of Chinese safeguard mechanism, it will help China to carry out possible countermeasures.Today's research on safeguard often focuses on the WTO relevant regulations while neglects the American laws and regulations. As to the articles concerning the American trade law, they are limited to simple introduction of regulations without deep analysis of many important specific legal issues. By analyzing the "201 Steel Case (2001)", it expounds and researches the basic mechanism of U.S safeguards, the conflicts and coordination of this mechanism between U.S and WTO and other countries. Moreover, it discusses the deficiency of China's current system compared with America's, and then, proposes some pertinent proposals for China's relevant legislation and practice.By reading literatures, sorting out materials and analyzing cases, with comparison method and balancing of interest, the author draws her own conclusions through comparison, analysis and induction.The conclusions of this paper are as the follows: (1) Being an important part of U.S foreign trade legal system, the American safeguard mechanism has played and is playing a significant role in the establishment and development of WTO safeguard system. (2) The application of U.S. safeguard is strict according to its substantial and procedural requirement. (3) U.S President, congress and court is in inter-restriction during the carrying process of safeguard. (4) The safeguard mechanism of U.S, WTO and other countries has conflicts and coordination at thesame time,which reveals their containing each other in WTO system. (5) China shall use the U.S safeguard mechanism for reference to perfect its relevant legal system and make full use of interaction between China's legislation and WTO rules.