Legal Analysis Of The Transitional Product-Specific Safeguard Measures Against China

In order to protect their national industries from the potential impact of China's Trade, many WTO members imposed the Transitional Product-Specific Safeguard Measures on China. It has brought negative effects on China's exports, distorted the fundamental principles of the WTO safeguard measures, deviated from the right path of free trade just advocated by Toad restrained the legitimate rights of China to adopt, therefore, it is an unfair restriction. So we must deal with the situation positively and try to reduce the loss to the lowest degree. This thesis mainly consists of five chapters and makes an analysis with method of clause,history, case and comparision.Chapter I of this thesis introduces the origin and development of the Transitional Product-Specific Safeguard Measures against China (TPSSM). Section I introduces the origin of the special safeguard measures before China's entry into WTO and concludes the causes of Japan, Poland, Hungary, Romania and other countries'acceptance of these measures. Section II analyses the legal basis and scope of TPSSM.It reflects in article XVI of the"Protocol on Accession to World Trade Organization of the People's Republic of China"and paragraph CCXLV-CCL of the"Report of The Working Party On the Accession to World Trade Organization of the People's Republic of China"and paragraph CCXLII of the"Report of The Working Party On the Accession to World Trade Organization of the People's Republic of China"which providing a special safeguard measure on textiles exporting from China. Section III states the causes why China has accepted to be bound by TPSSM: most WTO members still view China as a non-market economy country; the world remains trade protectionism;international and domestic pressure;China's rapid growth of exports.Chapter II of this thesis analyses the characteristics of TPSSM and...