| Safeguard measures are important means for the Member States of the WTO to protect domestic industry. It is known as "relief valve" of the stabilization of the international trading system and for further promotion of trade. Not only because it can exempt the trade obligations of members under specified circumstances, but also because it can provide opportunities for members to take industry adjustment, and can coordinate conflicts between the long-term interests and immediate benefits to members, the common interests and the members' interests.Application of safeguard measures is the central element in the system of the safeguard measure. Different countries have different understandings about it, so it becomes a focus in safeguards dispute cases. China will unavoidably suffer the safeguard measures from other countries or need to initiate safeguard measure to protect domestic interests during the process of incorporating in economic globalization, but the legislation of safeguard measure in China is not mature, and it needs constant deepening and improvement in practice.Therefore, this article starts with ensuring the general theoretical foundation of the safeguard measure, compares and studies the regulations of other countries by method of case analysis, then starts the research of the applicable conditions of safeguards.Apart from the introduction and the conclusion, the paper includes five parts.The first part described the basic theory of the application of safeguards. It defines the concepts of applicable conditions of safeguards, analyzes the distinctions of countervailing target, substantial conditions, procedural requirements and treatment for developing countries between anti-dumping, anti-subsidy and safeguard measures. This part also discusses the theoretical basis of safeguards application from economics, political science and jurisprudence perspectives.The second part analyzes conditions for the application of safeguards in the WTO. After the SA signed, safeguard measure got back into WTO legal frame, but because of different understandings about it, more and more disputes of applicable conditions of safeguard measure appear. This part makes scientific analysis on substantial conditions and procedural requirements based on the article 19 of GATT and SA. It also makes deep study on the concept of the applicable conditions by analysis on the panel and the rulings of the Appellate Body.The third part deals with the applicable conditions of safeguards and its characteristic in United States and the EU. Firstly, it analyzes the conditions for the application of safeguard measures in the United States based on "the positive adjustment to import harm industry", and points out the characteristics: easy substantial condition;detailed procedural requirements;much attention on industry protection. Secondly, it analyzes the conditions for the application of safeguard measures in the EU based on NO.3285/94 of EU, and points out its features: high coherence with SA;problems discriminatory application of safeguards;good import control measures for the protection of domestic industries.The forth part analyzes the regulations of application of safeguard measures in China. On the one hand, these regulations are high coherence with the spirit of WTO agreement. On the other hand, there are still some defects: imperfect legal system of safeguards;unclear purpose of application;inaccurate substantial conditions;incoherence with WTO rules in procedural requirements;inadequate protection for developing countries.The fifth part discusses the perfection of legislation of the applicable conditions of safeguards in China. The paper proposes specific recommendations to improve the legislation including: improving the legislative safeguards system;clear purpose of the application of safeguards;accurate definition of concepts of substantial conditions;detailed procedural requirements;effective use of our developing country status;establish lead procedure for the application of safeguards. |
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