Studies On The Conditions Of WTO Safeguard Measures

Safeguard measures are parts of WTO trade remedy, which means a member may limit the number of the product that is being imported on principle of non-discrimination only if as a result of unforeseen developments, such product is being imported into the territory of a member in such increased quantities, absolute or relative to domestic production, under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products. After China's access to WTO, as a member of WTO, safeguard measures are applied to China as well. As to effectively deal with the safeguard measures from other WTO members, it is important to make a research on safeguard measures. At the same time, if our country wants to launch safeguard measures to other WTO members, the study on the conditions of safeguard measures is rather necessary, because whether the investigation is in conformity with Agreement on Safeguards is principally based on the investigation of the conditions, which directly decides whether the conclusion of competent authorities is legal. In addition, in judicial practice, the Panel and Appellate Body of WTO pay great attention on the estimation of the conditions of safeguard measures and their explanations are very important guidance in understanding the full and future meaning of the conditions of safeguard measures. Therefore the study on judicial practice is absolutely necessary.This thesis is divided into five charters as below:Charter one firstly makes an introduction on the concept of safeguard measures, then discusses the present legislation concerning the conditions of safeguard measures in the world, as to learn the exact meaning and the development of the conditions of safeguard measures. The last part in this charter is the discussion on the importance of the conditions of safeguard measures.Charter two is the key part of this thesis, making an all-around research on the conditions of safeguard measures and the questions concerned by the means of combination of theory and cases, as to learn and master the full meaning of the conditions of safeguard measures. This charter consists of five parts: 1. About unforeseen development; 2. About the increase of the product that is being imported; 3.About serious injury or threaten to serious injury; 4. The causality between the increase of the imported product and serious injury or threaten to serious injury; 5. The application of judicial abstention principle in the estimation on the conditions of safeguard measures.Charter three, as the different effect between safeguard measures and anti-dumping in trade remedy, the comparative study is made in this charter. In addition, special safeguard measures is very similar with safeguard measures, thereby the comparative study between them is also made in this charter, as to make clearer understanding on the conditions of safeguard measures discussed in this thesis.Charter four discusses the effectiveness of WTO Panel Report and Appellate Body Report and the examination standard of WTO Panel, as to learn the influence of the judicial practice on understanding of the conditions of safeguard measures.Charter five, in this charter, compared with the legislation and practical experiences of WTO and foreign countries, some suggestions and propositions are put forward to perfect the present legislation and practice about the conditions of safeguard measures in our country.