A Comparative Study On The Safeguards System Of WTO

With the topic of A Comparative Study on the Safeguards System of WTO, this thesis is divided into 9 parts, including the preface, 7 chapters and the postscript.To disclose the significance in theory and in practice of researching on this subject, the preface points out safeguards holds a special and important position in the frame of WTO. It is the sole legal means to protect a domestic industry while sticking to fair trade.Chapter 1 gives the definition of safeguards, and discusses the origin of Agreement On Safeguards, the nomological basis of safeguards, the selective application issue and grey area measures.In Chapter 2, this thesis introduces the invoking information of safeguards over the world, and discusses its positive and negative influences on China separately.Chapter 3 discloses the relationship between the 19th item of GATT and Agreement On Safeguards, then analyses by means of semantics, logic and prejudication the preconditions, constraint conditions and investigation procedures for implementing safeguards, later demonstrates some defects in the safeguards system of WTO.The definition and meaning of anti-dumping and anti-subsidy is introduced in Chapter 4, which also compares the WTO safeguards with anti-dumping and with anti-subsidy separately, pointing out the necessity to make a difference between them when taking action.Chapter 5 introduces the definition and meaning of safeguards solely against China, comparing the WTO safeguards with it and setting forth its uncertainty.After introducing the content of the safeguards system of China, Chapter 6 compares the WTO safeguards with it and indicating some defects in it.Aiming at these defects and taking the current situation into account, Chapter 7 gives some suggestions on how to improve Chinese safeguards system and advices some countermeasures when dealing with safeguards against China.In the postscript, this thesis tries to prompt attention to further research on safeguards system and safeguards solely against China.