Analysis On The Instrument Of Emergency Safeguard Measures In The GATS

On the basis of introduction of the background of the instrument of Emergency Safeguard Measures (ESM) in the GATS, the thesis discusses the question of the necessity of ESM, which is one of the most disputed questions during ten-year negotiations on ESM. Then the thesis gives China some advice on which standpoint China should take on the question of ESM. Meanwhile, comparing with the safeguard measures for trade in goods, it analyses the question of the applicability of ESM, and puts forward some suggestion on the possible structure of the rules on ESM. Besides the preface and the conclusion, there are three parts in all.Chapter 1 focuses on the introduction of the background of ESM. Firstly, it makes a definition on ESM. Then it expounds the basis of economic theory for ESM by analyzing the Theory of Protection of Infant Industry. After that, it makes a description and comment on the negotiations on ESM.Chapter 2 examines the necessity of ESM in the GATS. The pro-and-con views are displayed and commented. According to the analysis of the status in quo of trade in services in China, it concludes that China has a disadvantageous status in the international trade in services. Taking into account of it, China should take a supportive attitude to the ESM instrument in order to protect the related industries.Chapter 3 emphasizes on the problem of the applicability of ESM. Owing to different characteristics of the trade in services, the safeguard measures for trade in goods are unable to transplant directly and completely to ESM for trade in services. On the basis of analyzing and comparing the specific virtues and dissimilarities of the three modes of the safeguard measures for trade in goods, the chapter points out that the safeguard mode stipulated by article XIX of the GATT and Agreement on Safeguard is the best reference for the ESM instrument. In conformity to this conclusion, it makes a suggestion on the structure of the rules on ESM system, including applicable conditions of ESM, the application of ESM, and so on.