The Research On Legal Issue Of "Unforeseen Development" In Safeguard Measures

The safeguard measures(usually called free trade"safety valve"),anti-dumping and anti-subsidy are called three kinds of WTO trade remedies, In the thought of"new trade protect ionism",the safeguard measures are used increasingly and frequently by States. It is generally against the fair trade practices under normal circumstances, so the conditions of safeguard measures are more special. These conditions are mainly embodied in the article 2 paragraphs 1 of the WTO "safeguards agreement" and in the GATT1994 article 19, paragraph 1. However, the latter uses the "unforeseen development", while the former does not such words."Unforeseen development" has come through several historic changes, from scratch, and from the exit to the resurrection. Whether it should be the front element in the implementation of safeguard measures, behind this issue there is a relation Orientation between "safeguard agreement" and GATT1994 article 19. Although "unforeseen development" as a legal requirement lacking objective and clear is widely criticized, in the dairy case of South Korea, the footwear case of Argentina,the lamb case of America,the peach preserve case of Brazil and the steel safeguard measures case of the United States recently, through a series of rules of interpretation and practice, the Group of Experts and Appellate Body of the DSB clearly identified that "unforeseen development" is an important and indispensable condition of safeguard measures, both the "safeguards agreement" and GATT1994 article 19 should be observed. Undoubtedly, the reports of Group of Experts and Appellate Body have formed a defacto precedent, and in this regard the legislation and practice of some countries and regions have cognizance.To a certain extent, which will curb the abuse of safeguard measures.Facts have proved that China is sufferring the most safeguard measures in the world now, along with the further opening of China's market, the possibility that China implements safeguard measures will certainly increase. Then,"Unforeseen development" is not only a powerful weapon safeguarding our rights and interests, in the other hand, it also increases a standard to determine whether the conducts of members are equal to the provisions of safeguard measures.And the implementation of safeguard measures in our country should be given necessary attention, not only to comply with the performance of the relevant provisions of WTO, but also to avoid falling into a passive position in future disputes. Therefore, in the legislation, China's safeguard measures are necessary revised and refined, and absorbing the "unforeseen development" is the best solution currently. In judicial practice, we should conduct a detailed description and fully demonstration to "unforeseen development" in the safeguard measures investigation in accordance with the reports of DSB.