Study On Legal Issues Of Transitional Product-specific Safeguard Mechanism

With China's accession into WTO at the end of 2001,Chinese products have experienced very rapid growth. Such an outstanding performance aroused some major importers' big concerns, and they begin to use the Transitional Product-specific Safeguard Mechanism, which is written in the Protocol on the Accession of the People's Republic of China to the WTO, to prevent Chinese products' big imports. Based on the detailed analysis of the Transitional Product-specific Safeguard Mechanism, this paper point out that this mechanism may pose another great threat to Chinese products. At the same , it raises some suggestions of how to deal with this measure from police, law and economy, hoping to provide some helpful insight.The paper comprises five chapters. Chapter 1 mainly introduces the safeguard clause, including its history and application premise and conditions. Chapter 2 mainly introduces the selective safeguard measures, including its history and formations. Chapter 3 is focuses of this paper. It studies the Transitional Product-specific Safeguard Mechanism from different aspects. First, it analyzes the regulations of Transitional Product-specific Safeguard Mechanism. Second, it analyzes the reason of the measure and makes some remarks. Third, it studies the relationship between the measure and WTO, including the relationships with the basic principles of WTO and the safeguard clause, and then point out that it is a deviation from WTO. At last, this chapter introduces the laws of relevant countries, especially analyzes the US law, hoping to make some helps to deal with the Transitional Product-specific Safeguard Mechanism.After China's accession to the WTO, textile industry becomes one of the most benefits industries. On the other hand, it suffers the textile special safeguard, much more than the other industry. Meanwhile, the textile special safeguard has many differences from the Transitional Product-specific Safeguard Mechanism, such as the application premise and the procedure. So the Chapter 4 mainly analyzes the application premise and the procedure of the textile special safeguard, then explain it according to the explanationprinciple of treaty. At last, it studies the law of EU and the US, and concludes the countermeasures.Chapter 5 brings forward some suggestion to deal with the Transitional Product-specific Safeguard Mechanism from three aspects: police, law and economy, hoping to give inspire to the relevant departments and reduce the possible damage to a minimum level.