Research Of Special Safeguard Measures Under TPS Mechanism

At present, the safeguard clauses are mainly recorded in the 19th provision of GATT (General Agreement on Tariffs and Trade) 1994 and the Agreement on Safeguards, and they largely promote the development of free trade. Under the rules of WTO, there are also some special safeguard clauses on specific goods and countries existed. This thesis discusses one of those special safeguard clauses—so-called"special safeguards on china"about its issues of legal regulations and practical operation.The introduction talks about significance and purpose of this thesis. It almost being ten years after China entered the World Trade Organization. In this decade, Chinese external trade is developing very quickly, and playing a very important rule in the economic and GDP growth. As a matter of fact, the Transitional Product Specific safeguard mechanism is already being known by the whole field, and there are many books and articles about this object which already have enough achievement. But under the new background of the global financial crisis which had made a great damage of China's external trade, it has a particular worth of discuss this object now.The first chapter describes the safeguard clauses under WTO rules, mainly includes the history, meaning and substantive conditions of the safeguards application which is the focus of this chapter. The reason to choose substantive conditions of the safeguards application as a focus is to compare with the substantive conditions of special safeguard clauses in order to get the difference and the relation.The second chapter discusses in detail about the historical evolution, the basic concepts and the theoretical basis of special safeguards on china. As well as the special safeguards on textiles have expired in 2008, this thesis has not addressed. This chapter focuses on the substantive conditions of"market disruption"and"significant trade diversion", and summarizes the relations of these two clauses and safeguards.In the third chapter of the thesis reviews and analyzes the special safeguards in order to see its adverse consequences of its shortcomings. At the end of the thesis further suggests the response and measures that China should take to maximize the countries'interests.The opinion of this thesis is that the TPS mechanism is contrary to the WTO principle. The special safeguards on china are discrimination and injustice to Chinese products. We should respond positively to protect the rights of our external trade under the new era.