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On The Safeguard Measure Of International Trade And Countering Of China

Posted on:2009-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2166360245459298Subject:International law
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Since the liberalization of the trade trends of the world and the dynamic transferring of competitive advantages, the process of industrialization of developing countries is accelerating greatly, the scale of export products continue to expand and the products are also less expensive, which have obvious competitive advantages in all products. it is difficult for them to compete with the same one of developing countries. Therefore, the contradictions between the requirements of import restrictions and the export expansion will be in tensing, it is very difficult to ease and evitable. The safeguard measure is frequently used as a trade-protection tool.The safeguard measure of International trade is a foreign trade protection measure which is allowed to members by WTO. When a sharp increase in imports and it leads to serious harm to the domestic industry or having serious threat, the Government can use safeguard measure to protect the economy and industrial development. Therefore, safeguard measure is seen as a safety valve of multilateral trading system, it is a necessary means which can protect domestic industries. Since the establishment of the WTO, the number of the safeguard measure which is used by members of WTO increase greatly. Disputation of resorting to the DSB of the current safeguard measure is becoming intense, therefore it is a trend of abusing of safeguard measure .Abusing of safeguard measure is not only harm to the right restrictions of protection trade, but must also be a serious impediment to the development of trade liberalization, as a result, The purpose of WTO is difficult to achieve. Therefore, we need to learn from experience of the case, and should use the safeguard measure in the right scale and on the base of actual.There are five parts in this paper.In the first part, theoretical analysis of the safeguard measure of international trade。firstly, points out the definition of the safeguard measure and discusses the difference and same points between anti-dumping and safeguard measure; Secondly, the analysis of the nature of the safeguard measure that is a much taken remedial measure, which is used in emergency case; Finally, list the principles of the safeguard measure, there are non-discriminatory principles, the principle of transparency, compensation principle, the principle of fair competition, appropriate protection principles. A comprehensively understanding safeguard measure how to implement several fundamental principles.The second part, the cause of safeguard measure of the international trade. It will analysis the source of safeguard measure from the economic, political and historical three-pronged, which helps safeguard measure continues to improve, and the safeguard measure how to adapt to the new trade conditions, finally can built out a more reasonable implemented project.In the third three, problems and impact of the safeguard measure of international trade of china. Expounded what is current main facing of the new trade situation to China and the problems will appear in this situation of our country. China lack of response measure to other country's safeguard strategy, the lack of highly qualified person who have the skill of using the WTO safeguard measure contingent, and the lack of active cooperation between government and industry organizations, legislation is relatively less perfect and so on.In The fourth part, recalling the process of the case and what will gain and loss in the case .The implementation of safeguard measure lead to noticeably economic efficiency of steel industry, but at the same time it also brings a series of problems. Firstly, in the iron and steel industry, a new round of investment in China, and there is also a great impact on the downstream industry of domestic steel, some increases will be on the prices of domestic iron, steel downstream users of the normal production will be beet heavily, also on the issues of identified quota, the issues of base quota and on the steel imports from developing countries, on the subject of a quota of progress, as well as how to adjust the safeguard measure issues. Part five of the paper, against to the safeguard measure of international trade.Put forward four aspects of improving response of the safeguard measure. firstly there will analyze of perfect of the safeguard measure legislation of China , secondly, that must establish of the regime of safeguard measure which is fashion ,and the measure must fit to the China's national conditions and the current international environment ,in particular China's accession to the free trade zone as well as possible future accession to the increase of customs union, At the same time, we should draw on previous experience to understand the advantages and disadvantages of safeguard measure, know how to seek advantages and avoid disadvantages, and how to use the safeguard measure within reasonable limits. Finally, we discuss the safeguard measure of China - the ASEAN Free Trade Area which will be built in 2010, point out the different and the same between WTO safeguard measure and that of China - the ASEAN Free Trade Area, so we can use safeguard measure rational.In this paper, the final part is a conclusion. The author proposed the complex background of the current liberal world trend of trade and trade protectionism rampant, it is necessary to take reasonable and lawful measure of self-protection, but should continue to explore new combination of practical measure to improve safeguard measure in all.
Keywords/Search Tags:the Safeguard Measure of International Trade, the Legislation System of WTO Safeguard Measure, the China - ASEAN Free Trade Area
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