A Study On Several Legal Problems Of Implementing Safeguard Measures After China's Entry Into WTO

Safeguard measures are the safety valve for the running of the multilateral trade. It plays an important role in the consolidate of multilateral free trade and fair trade, and provides the members with larger space for implementation of international duty. China recognized that safeguard measures as one of its fundamental methods of regulating foreign trade after China's entry into WTO. Due to our country's short history of the legislation, the researches of the safeguard measures are not mature. Based on deepening study on safeguard measures, I choose it as my Master of Laws research paper's title. The present dissertation, attempts to do overall research on safeguard measures, including their conceptions and aims, the provisions and China's countermeasures. Besides preface, this paper divides into some parts: the summary of the safeguard measures, the legislative actuality of safeguard measures in China, the comparison with the legislations of the safeguard measures in several countries, the legal suggestions on avoiding disputes of safeguard measures in China from the United Stated of American iron and steel "201 Clause" study.Part one: The summary of safeguard measures. After interpreting the concept and aims of the provisions of Safeguards, the author explains the improvement in Agreement on Safeguard. On the basis of relating statistics, the author summarizes the circs of the members applying the safeguards.Part two: The legislative actuality of safeguard measures in China. At the beginning of the chapter, the author expatiates on Transitional Product-Specific Safeguard Mechanism in China's Protocol of Accession, and regards that it didn't accord with the principle of WTO. Then, the author analyzes China's Regulation on Safeguards. The author presents that it is abide by the rules of the WTO, but there are some defects in material rules. Part three: The comparison with the legislations of the safeguard measures in several countries. At the beginning of the chapter, the author introduces the legislations in American, Europe, and Korea, then compare China's Regulation on Safeguards with them. The author presents that the Regulation contains defects that will appear in its application, the department of research and decision , etc.Part four: The legal suggestions on avoiding disputes of safeguard measures in China from the United Stated of American iron and steel "201 Clause" study. At the beginning of the chapter, a review and comment on the part of the United Stated of Amercian iron and steel "201 Clause" case which broke the WTO Agreement of Safeguard Measures, then give some suggestions to avoid the disputes on safeguard measures according to the reality of our country.