Research On U.S.Safeguard Measures From U.S.Starting Up 201 Clause

With the trend of international trade liberalization and the dynamic shift of competition predominance, the developing countries'industrialization is processing quickly and efficiently, which makes the setting sun industries of the developed countries have no predominance to compete with that of the developing countries. The conflict between the restriction of import and the expansion of export is very sharp and irreconcilable, therefore, the safeguard measure which is the relief valve of the import countries'economy and the level to balance the unfair result of free trade will be applicable frequently. Even if it is judged illegal by the Dispute Settlement Body of WTO, it can also provide a chance to breathe for the domestic industry. The case of US-steel Safeguard Measure is a typical example.The safeguard measure of WTO is derived from the 201clause of United States Trade Law. United States is one of the most important trade associate of China, so China should make a deep research on US safeguard measure legislation and practice and use US experience for reference to perfect our legal system and make full use of the interaction between China's legislation and WTO rules.During these years after China enter into WTO,China has been the most serious injured country in the world, especially the special product safeguard measures and the textile safeguard measures that we promised when we enter into WTO. In 2004, China modifies the , our Safeguard Measures has played an important role in the international trade and will be consistent with the regulations of WTO. But the WTO Safeguards also have some vague regulations, so analyzing the judgements of the panel team and the appellate body becomes very necessary.In this paper, there are five chapters except foreword. By analying the reasons to start"US-steel Case", making a brief introduction about the basic mechanism of US safeguards, the conflicts and coordinate of safeguards between U.S and WTO, discussing the deficiency of China's current system compared with America's, it proposes some pertinent proposals for China's relevant legislation and practice.This paper makes the research on"the biggest and the most complex case of WTO"as a backbone, by analyzing and catching on the verdict of WTO panel team and appellate body, on the purpose of : Firstly, making a research on U.S. Safeguard Measures, including its substantial and procedural conditions and relief measures, to analyze its rationality. Secondly, by analyzing the illegalities revealed from the U.S steel case to find the inconformity between U.S safeguards and WTO , it will help us to understand the U.S. legal protectionism and to some extent, its being restricted by WTO .It will also help us to deeply understand and use the WTO regulations to protect China's relevant domestic industries. Finally, combining with the practice of Chinese safeguard mechanism, it will help China to carry out possible countermeasures and propose some proposals to use WTO dispute settlement mechanism efficiently.