Study On "Unforeseen Developments" Of Safeguard Measures

During the multilateral trade system of WTO, safeguard measures are regarded as "safe valve", and it is very important for stabilizing the multilateral trade system of WTO. Both article 19 of GATT1994 and Agreement on Safeguards have prescribed strict conditions on safeguard measures. However, "unforeseen developments" clause under article 19 of GATT1994 has not been included within the provisions of Agreement on Safeguards. Therefore, there are positive and negative claims about the application of conditions of safeguard measures between WTO members. WTO has tended to apply the positive claim in recent cases, applying the "unforeseen developments" clause effectively. The dissertation affirms the status of "unforeseen developments" clause and gives several suggestions to perfect pertinent legislation of China.Besides preface and conclusion, this dissertation is composed of the following four chapters:The first part of this essay is a summary for "unforeseen developments". I firstly set forth its general meanings, then briefly introduce the development of "unforeseen developments", and in the end analyze the basis of jurisprudence.The second part analyses the difference of "unforeseen developments" between article 19 of GATT1994 and Agreement on Safeguards, and emphasizes the standpoint of WTO in judicial practice.The third part mainly analyses pertinent legislation and judicial practice of WTO members, especially United States, EU and Korea.The fourth part analyses the application of "unforeseen developments" in China, and gives several suggestions to perfect pertinent legislation of China.