Study On Textile Special Safeguard After ATC

On 2005 Jan 1^st, Agreement on Textiles and Clothing (ATC) expired, Global textile production cancel Quota System and return to the regulation of WTO multi-country trade system. It will bring great opportunity and challenge to Chinese textile industry. Before the textile globalization, many countries (especially United States) set trade barrier for Chinese textile production and prevent the realization of textile globalization on time. They even frequently utilized "Textile Special Safeguard"towards Chinese textile production during the Textile Globalization. The paper comprises five chapters. Chapter 1 mainly introduces developing trend of Chinese international textile industry under the framework of world economic globalization, draws a conclusion by comparing that the decay of western developed country's textile industry is caused by industry frame upgrade, the growth of Chinese textile export has no direct relationship with this decay. It is the realization of trade protectionism that set trade barrier via textile special safeguard Chapter 2, 3 and 4 are the focus of the paper, chapter 2 first introduces the WTO legal clauses, which consist of world textile safeguard measures legal framework, then introduces the uncertainty of textile special safeguard clauses entity and processes which mentioned in Paragraph 242 of "Report of the Working Party on the Accession of China", points out that the uncertainty will introduce other members'abuse of this clause, the special safeguard clauses and "Agreement on Safeguard Measures"should be associated closely, the special safeguard should comply with the corresponding regulation of "Agreement on Safeguard Measures"except there is any special regulation for special safeguard. If there is any uncertainty of special safeguard clauses, any members has no right to explain it unilateral, the uncertainty should be explained well meaning by the principle of WTO and "Agreement on Safeguard Measures" Chapter 3 introduces the details of textile special safeguard measures that have been taken by United States for Chinese textile production. These measures have the sample function for other countries because United States is good at utilizing textile special safeguard clauses. The first section discusses a special law that created by United States for Chinese textile safeguard clauses; this section also discovers the problem of this special law during its implementation, including lack of entity standard, loose of audit standard and the opacity of trial process; this section finds out this special law's branching with "Agreement on Safeguard Measures"and China consent. The second section introduces the three developing stages of Chinese textile safeguard measures in United States, points out that United States has found methods to set barrier for Chinese textile production step by step; first United States just utilized special safeguard clauses probingly, then they start aggressive special safeguard measures base on "Market Disturb Threat", now they will start utilizing special safeguard measures widely for Chinese textile production. The third section draws a conclusion by law theory analyze: the "Market Disturb Threat"can't be taken as the basis of taking safeguard measures. Chapter 4 mainly introduces several count measures for textile special measures, indicates that China should take more flexible and effective count measures according to United States real purpose. This chapter also points out that the future of Chinese textile industry is deeply adjusting the industry frame, if we still chase the increasing of export volume, we will get low export profit and high trade barrier from other countries. Chapter 5 summarizes this paper's main indication and viewpoints. Textile special safeguard clauses have severely disadvantage for Chinese international textile trade development, China must fight with it positively, and reduce the side effect of textile special safeguard to the minimum, fully get the benefit of textile globalization.