The EU's Special Safeguard Measures Against China: Analysis And Legal Tactics

This thesis is a theoretical article studying the EU's special safeguard measures against China. To begin with introducing the EU's legislation on the special safeguards, by making a comparative analysis of the EU's legislation on special safeguards and WTO's Agreement on Safeguards and China's WTO accession documents, the thesis tries to probe into the legal nature of the special safeguard measures of the EU. And it puts forward some strategies on coping with this discriminative legislation.There are three parts in this thesis:The first part: Legislation and practice of the EU's special safeguard measure against China. This part firstly introduces the legal connotations of special safeguards and it's legislation background, then it reviews the material condition and procedure for EU to impose a special safeguard measure. Finally it indicates that it may bring greater challenge for Chinese enterprises to develop export and foreign trade communion.The Second part: A comparative analysis of the EU's legislation on special safeguards. On the basis of making a comparative analysis of the EU's legislation on special safeguards and WTO's Agreement on Safeguards and China's WTO accession documents, this part concludes that the EU's special safeguard measures are tremendous disadvantageous to China and we should carry out active steps to prevent the EU's abuse of this regulation, trying to reduce the possible damage to the minimum level.The third part: Legal tactics in coping with EU's special safeguard measures in respect to China. The government should strengthen its diplomatic efforts and take full advantage of WTO dispute settlement mechanism. On the other hand, it should effectively regulate and supervise the registration work of exports, and establish efficient pre-warning system together with the close cooperation from industrial associations and enterprises. For those individual enterprises, they should develop long-term visions, avoid blind investment, and aggressively tap new export markets.