Comparisons Between Substantial Requirements Of General Safeguard And Specific Safeguard

The Transitional Product-Specific Safeguard Mechanism in "The Accession of the People's Republic of China" Clause 16 and P245-250 in "the Working Group Report" reflect the concession our country made during the process of WTO-accession negotiation. General safeguard measure in WTO is the "safety valve" in the international fair trade, but the specific safeguard measure is the exception. Either its substantial standard or procedural requirement is lower than the general safeguard, together with quantitative restriction measures' elimination such as import quota and import license after the accession, our domestic industries which are short in international competition will face more danger. Since the improvement of our domestic industries' competition can not be finished in one day, and our country's legislation on the issue of safeguard measure is not perfect, we should master the said rules better. The specific safeguard is related with the general safeguard closely, and there is some difference between the both in the substantial standard, it is necessary to make a comparative study.Besides briefly narrating the source and nature of the specific safeguard, the article focuses on the relationship between the specific safeguard and the general safeguard. Safeguard measure which is different from Anti-Dumpling and Anti- Subsidy is not mainly related with the nature of one country and whether one country implements the market-direct economy. It totally aims at the problem aroused by the increased quantities of import in normal trade that cause or threaten to cause serious injury to the domestic industry. So the general safeguard is the exemption to the free trade principle of WTO, but the specific safeguard is the exemption to the general safeguard.On the basis of narrating the content of the general safeguard and the specific safeguard, the article mainly made a comparative study on substantial standardsclause by clause. Generally speaking, the substantial standards of the general safeguard consist: 1. the increased quantities of import;2. cause or threaten to cause serious injury to the domestic industry;3.cause and effect relation. Cause or threaten to cause serious injury is replaced by market disruption and trade diversion in the specific safeguard. There is a debate in the definition of some concepts and the range of some clauses. And the article holds, besides the above, "unforeseen development" and "the effect of the obligations" also belong to the substantial standards of the general safeguard and the specific safeguard. Moreover, combined with other country's legislation on the specific safeguard, the article pointed out the deficiency in our country's safeguard legislation. Finally, the article imagined the result of the substantial standards' development that they will perish in the trend of global trade freedom.In all, the substantial standard of the specific safeguard is lower than the general safeguard. But because the relation between both is special and general, we can use the same clause of both to protect our domestic industry by adjustment. Althougji procedural requirements are important, when we can point out the flaw in the substantial standard of the specific safeguard implemented by other country, we can protect our domestic country more efficiently, and the specific safeguard implemented by other country will become invalid.