On The Selectivity And Unselectivity Of The Implementation Manners Of WTO Safeguard Measures

WTO members can invoke the emergency actions according to GATT XIX and WTO Agreement on safeguards , in case of sharp increase of import causing the serious injure or the threatening of serious injure on the domestic industry. WTO prescribes that members should implement the safeguards on the non-discriminatory manners and not ask the source of the importation . But, in fact ,there are selective and unselective ways to implement the safeguards. This discourse starts with the WTO safeguard clauses , analyses the safeguards cases in the international trade, studies the source, reality, validity of the selective and unselective implementations and states the view of its development.In the first part of this discourse, the author introduces the concept and evolvement of safeguards implementation manners. From GATT to WTO, the implementation manners of safeguards always exists dispute. After several rounds of multi-lateral negotiations, the non-discriminatory implementation manners has been gradually established. However, a great number of blurry clauses in quota distribute, district trade arrangement and new member should induce the selective safeguards implementation manners. This discourse researches there exception clauses particularly. As a new member, China is suffering from a discriminatory treatment because of the Article of XVI of Protocol on Accession of the People's Republic of China. According to the Article of XVI , WTO members enacted all kinds of. discriminatory safeguards to China, sued many safeguards investigations and discriminated Chinese products. As a result, Chinese products and domestic industry should be hit hard by the discriminatory treatment. In the last part of this discourse, combining the fact of China, the author analyses the selective clauses of Article of XVI of Protocol and states the countermeasures and suggestions.