Research On The Legal Countermeasures Of Special Safeguard Measures Against China

With the rapid development of global economy, at the present, all the countries are participating in international competition, and paying more attention to obey the rules of WTO. They try their best to reduce tariffs, elimination of non-tariff barrier and seek various ways of protecting domestic industry healthy development. Safeguard measures is one of the important measures which WTO approved of making the normal order of world trade and protecting the safe of domestic industry. Especially the insecure politics and economy which caused by recession of global economy and the pattern of anti-terrorism, lead to the reappearance of nationalism and trade protectionism of all countries. Additionally, in the negotiation of entering WTO of China, members of WTO worried about the possibility of great increasing of export after China entering the WTO. So the special safeguard measures were proposed which was directed toward Chinese products. AS the section 16 of Protocol on the Accession of the People's Republic Of China, it is also called Transitional Product-Specific Safeguard Mechanism. Its content is: In cases where products of Chinese origin are being imported into the territory of any WTO member in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products, the WTO Member so affected may request consultations with China with a view to seeking a mutually satisfactory solution, including whether the affected WTO Member should pursue application of a measure under the Agreement on safeguards. Any such request shall be notified immediately to the committee on safeguards. If, in the course of these bilateral consultations, it is agreed that imports of Chinese origin are such a cause and that action is necessary, China shall take such action as to prevent or remedy the market disruption. Any such action shall be notified immediately to the committee on safeguard. If consultations do not lead to an agreement between China and the WTO Member, the WTO Member affected shall be free, in respect of such products, to withdraw concessions or otherwise to limit imports only to the extent necessary to prevent or remedy such market disruption. Application of this section shall be terminated 12 years after the date of accession. In addition, special safeguard measure being directed against Chinese textile is Report of the Working Party on the Accession of China, which is stipulated from paragraph 241 to 242 in. Some members of the Working Party proposed and China accepted that the quantitative restrictions maintained by WTO Members on imports of textiles and apparel products originating in China that were in force on the date prior to the date of China s accession should be notified to the Textiles Monitoring Body (TMB) as being the base levels for the purpose of application of Articles 2 and 3 of the WTO Agreement on Textiles and Clothing (ATC). For such WTO Members the phrase"day prior to the date of entry into force of WTO Agreement". Contained in Article 2.1 of ATC should be deemed to refer to the day prior to the date of China's accession. To these base levels, the increase in growth rates provided for in Articles 2.13 and 2.14 of the ATC should be applied, as appropriate, from the date of China's accession. The Working Party took note of these commitments. China agreed that the following provisions would apply to trade in textiles and clothing products until 31 December 2008 and be part of terms and conditions for China s accession.Essentially speaking,"Special safeguard measures"terms are not the real safeguard measures, but the lamentableners tackles made by the members in order to restrain Chinese economy to grow up and rapid development of its foreign trade. After entering the WTO eight members, comprising America, Japan and European Union etc, in succession have complished the national legislations which are directed against the China's exported products according to"the Special Safeguard Measures". Many members countries are laying down the relative laws or terms. With the improvement of the trade liberalization and the gradually opening market to China from the member countries after China's entry to WTO, and strengthen the international competition of our exported products, the Special Safeguard Measures is possible to be the outstanding legislative terms which can affect our export after the anti-dumping measures. Besides, because Special Safeguard Measures still are emergent novelty, which are short of practice and precedent interpretation of WTO, the provision of Special Safeguard Measures are very uncertainty and indefinite. Many countries are still Waiting and seeing. Once some countries launch and succeed in application, they can bring a range of imitative chain reaction. So in a long run of the future, special safeguard measures will be a serious hidden trouble to the healthy development of our foreign trade.In this thesis of the first part historical analysis method and comparison method are used to analyze jurisprudence, important document of substance, implication and evolving process of special safeguard measures in WTO legal system. The second, research methods of legal economics is used to deeply analyze to aim at our country's special safeguard measures, implementation procedures of them; the relationship between Report of the Working Party on the Accession of China and ATC; between Article 16 of special safeguard measure and safeguard measure; In section three, case analysis and method of comparison are used to lay stress on the special legislation of foreign countries which against our country and its harmfulness; the reason of accepting them. Based on the above, explain the existing condition of legislation and defect of our Ministry of Commerce for Investigation of Foreign Trade Barriers Rulers. Suggestion: Make good use of consultation and lawsuit, counter attack the abroad to abuse special safeguard measure. Reinforce the role orientation of relative government so as to against trade barrier. Change mercantilism law thoughts and make'going out'scientific strategy. Pay attention to track and supervise in advance, establish precautions mechanisms against trade conflict. Make strength trade cooperation of enterprise and take an active suing. Improve the law system of Investigation of Foreign Trade Barriers Rulers. It expounds our law tactics which answer the special safeguard measure from six aspects.