Analyses On Chinese Law On Safeguard Measures Under The Legal Framework Of WTO

Over the world, safeguard measures are playing a stabler and firmer role in the field of international trade. And it is a good evidence that the ammount of appling safeguardmeasures by different members has been growing after the establishment of WTO. As a"safe Valve" of multilateral trade system,safeguard measures on the basis of fair trade are very important to ensure the safety and improve the development of the domestic industry.It is an opportunity as well as a challenge for China to enter into WTO. And it is a common problem worth well studying for learned men, governors and enterprisers that how to expand the exportation, promote the fair trade and answer the investigations of safeguard measures made by other WTO members, and how to import good products and service, meanwhile, apply effective safeguard measures to prevent the domestic industry from severe injury.Through analyses on the WTO law on safeguard measures, Chinese safeguard measures legislation and "Transitional specific-products safeguard measures" provided in Protocol on the Accession of the People's Republic of China and Report of the Working Party on the Accession of China, the author attempts to explain the current Chinese law on safeguard measures.Chapter One outlines the current Chinese law on safeguard measures.Chapter Two respectively from the material and procedural factors and specific implementation, analyzes the Agreement on Safeguard Measures and the Regulation on Safeguard Measures of the People s Republic of China.Chapter Three respectively through the explanation of GATT1994 XIX"Unforeseen development", Agreement on Agriculture V'Special Safeguard measures", Agreement on Textiles and Clothing VT'Transitional safeguard measures"and General Agreement on Trade in Services X"Emergency Safeguard measures",makes an analysis on the relation with and the effect on Chinese law on safeguard measures.Chapter Four mainly discusses the content and implementation of "Transitional Specific-products Safeguard measures" and American legistation, and presents some legal remedy suggestions.