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The Research On The Legal Problem Of WTO Safeguard Measures

Posted on:2008-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:S R DuFull Text:PDF
GTID:2166360215480002Subject:Law
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Safeguard measures acknowledged universally are one of ways of trade protection which emphasize the use of non-discrimination , have stricter enforcing conditions , are enforced on some kinds of imported products . First, thesis analyzes safeguard measures'nature,characteristics,legislation origin, later it chooses safeguard measures'non-discrimination as the main angle to research the safeguard measures.Safeguard measure originate from bilateral international treaties, later on develops to WTO's multinational treaties. They embody"circumstance change principle"in the international law , their enforcement is strictly based on the non-discrimination principle . Through analyzing the non-discrimination principle of safeguard measures,the views of WTO members on selectivity,the"micro does not count"principle of anti-dumping regulations , and expounding on them in economics , theoretically speaking , safeguard measures'selectivity is reasonable to some extent ; enforcing the safeguard measures selectively can get more trade benefits from the trade disputes which overwhelm the trade benefits brought by observing the non-discrimination principle ; enforcing the safeguard measures selectively can ensure the trade fairness of WTO members to a large extent ; moreover , enforcing the safeguard measures selectively can also improve the efficiency . This thesis through distinguish the relationships between safeguard measures and special safeguard measures,analyzing the special safeguard measures in law and economics , it can be realized that special safeguard measures has no necessity to exist in fact ; special safeguard measures has severe nation discrimination , its existing aim is not to improve the effectiveness , instead it makes the countries which accept this special safeguard measures article in a severe unfair position , it deviate from the request of freedom and fairness . Facing the legislations of WTO and its members which are directed at China , the thesis propose some measures to settle .such as , creating the exporting precaution system,creating the conditions to the negative effect of special safeguard measures,using the disputes settling system of WTO actively and so on .It will be significant for the trade development of China to research the safeguard measures's selectivity,special safeguard measures .
Keywords/Search Tags:Safeguard measure, Special safeguard measure, Selectivity, Non-discrimination
PDF Full Text Request
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