The Application Of Safeguard Measures In GATT 1994 By Members In RTA

Nowadays, in aspects of economic and trade, almost all the counties are trying to cooperate in the way of regionalism increasingly, and this make the development of regional trade behavior rapidly.The attitude of control and encouraging to regional trade arrangements and RTA of WTO, can make conflict between RTA system and other legal system under the framework of WTO,and safeguard measures is one of them. That make countries in practice when face problems disoriented.These problems include:whether RTA may establish the internal safeguards clause? Application of the safeguard measures between its members whether conflict with requirements of GATT article 24? Whether the application of global safeguard measures for RTA members can exclude other members within the region and implement only to the third party outside the territory? If the answer is yes, whether it deviate from the WTO non-discriminatory principle? These questions are not clear in the WTO rule system, nor clarification in specific dispute settlement practice. There are great differences in terms of each safeguard measures regulations of RTA,the questions has been becomming more complicated.Therefore, the substans of this paper is to demonstrate two major problems:one is the legitimacy of application of safeguard measures in RTA; The other is the application of global safeguard measures for RTA members can exclude other members within the region and implement only to the third party outside the territory. Finally make two major problems clear through the reasonable explanation of the WTO legal rules and dispute processing.The first part mainly expounds the problems of the regulations of GATT1994 RTA basically stipulated in the GATT article 24, but it did not specifically whether RTA can implement internal safeguard measures and how to implement the measures. It becomes blind of application of Safeguard measures for RTA members alone.There are no answers in the GATT1994 article 19 and the article 2 of safeguard measures agreement.The second part is to analyze the practices and the disputes of applying safeguard measures for RTA members. Though every RTA Practice and its Regional trade agreements concluded in the safeguard measures though terms, but its contents were widely divergent; Dispute practice exclusion area trade is the safeguard measures of the members of the case is complex, and the WTO panel and appeal institution in the process also reflected the different thinking and wisdom.The third part is universally applicable RTA members to safeguard measures, mainly is the argument list for scholars on RTA members all internal security measures and global security measures attitude and opinion.The fourth part is the author is to safeguard measures between RTA member of the legitimacy and exclusion area for the members of the safeguard measures of the non-discrimination views. Explore the GATT article 24 articles meaning, the first 8 of regional trade arrangements required to cancel "essentially all trade restrictions"-tariffs and other restrictive trade regulations applicable, if necessary, according to article 11,12,13,14,15 and 20 the allowed measures except. This list should be exemplify sex, incomplete, assuming the free trade "relief valve" role in the security measures should also be necessary for the regional members can be between; "Essentially all trade" different from all trade, the area, the partial products enforcement guarantee measures will not block "essentially all the liberalization of trade". Therefore, regional trade between members can implement the measures. Safeguard measure properties, function and regional trade arrangements, and all the realistic situation of RTA strongly supported the safeguard measures between members can apply the view.And further elaborates the RTA member safeguard measures for between the non-discrimination excluded. Focus on relevant laws and discussed regional products to the possibility of exclusion applicable condition and safeguard measures and ultimately should follow the principle of parallel exemption. GATT 24th usually understood can determine its can organizers of the import exemption of implementing guarantee measures for regioselectivity defences offers support, namely safeguard measures in RTA members is given to the same area when safeguard measures of the other members of the right to exclude does not violate WTO non-discriminatory principle.