Research On Safeguards In International Trade

Safeguards play an important role on guaranteeing national economic security in international trade. However, the legal construction of safeguards is relatively late in our country for many reasons. Consequently, we lack corresponding experience in implementing safeguards. Therefore, with the emergence of new things and new problems in our international trade, especially after the acceptance WTO, China need progressively perfect the safeguards. Employing the viewpoint of valuation, basic theories and history of safeguards are analyzed and investigated in the first part of this dissertation. Based on the investigation and on the activation of serving the practice of our country, suggestions to perfect the legislation of the safeguards of our country and to defend safeguards of foreign countries are presented in the following parts, with theory combining with real example.This dissertation mainly consists of 5 chapters.The basic theories of safeguards from the perspective of economics and jurisprudence and the necessity of the existence of safeguards are presented in Chapter 1. Furthermore, comments on the connotation, quality, feature, function and origin of safeguards are also given, through which deepens the theoretical and practical significance of this dissertation.The frame of the safeguards under GATT/WTO system is expatiated in Chapter 2. The relation between GATT19 and Agreement on Safeguards is explained through the discussion the development of safeguards.Basing on GATT/WTO safeguards and combining relevant cases, the author makes specific analysis on the essential condition and procedure of carrying out safeguards in Chapter 3. Comments on the 16th clause of as well as the confliction between and are also presented in this chapter.The USA has intimate affinity with WTO. European Union is one of the important trading partners of our country. Therefore, the legal trading systems of theUSA and European Union have important influence on our country and other members of WTO. From the viewpoint of reference, the author chooses these two representative members of WTO to explain their legal questions in safeguards and tries to make idiographic analysis in Chapter 4. The author thinks that this work is advantageous to the perfection of our country's safeguards and to policy decision in dealing with the safeguards surveys from foreign countries.Based on the study of the former four chapters, the safeguards system of our country is investigated in Chapter 5. Corresponding suggestions for the perfection of our country's safeguards and countermeasures to foreign country's survey of safeguards are also presented in this chapter.