The Application And Significance Of The Unforeseen Development Clause In Safeguard Measures

The 'unforeseen developments' clause under XIX of GATT 1947 and GATT 1994 has not been included within the provision of Agreement On Safeguards. Therefore, whether it is the perquisite of Safeguard Measure is a controversial problem. This paper presents the research on the related cases including Korea-Dairy, Argentina-footwear, US-steel etc. The detail analysis on the viewpoint of the plaintiff, the defendant, the Panel and the Appellate Body is carried out. From this the tendency of 'unforeseen developments' is concluded.This paper affirms the significance of 'unforeseen developments'. The existence of this perquisite of Safeguard Measure will be benefit for world trade liberalization and it is accordant with the purpose of WTO. But it is not included in the rule of Safeguards Measure of China. Hence, the paper advices we should adopt 'unforeseen developments' as a perquisite of the rule of Safeguards Measure of China. The best way to establish good trade relations with other countries is to get familiar with the WTO rules and perfect related domestic legislation.