The Research On The Application Rules Of Special Safeguard Measures To China

"Special-safeguard measures to China" is under the Article 16 of and the paragraph 241-242, etc of to make the relevant provisions of the relevant commitments. Article 16 of is for all of the products originated in China, known as special safeguard measures, the paragraph 241-242, etc of < the report of Working Group in China' s accession to the WTO > is specifically for China' s textiles and Garment exports set, also known as the special textile safeguards. They constitute the special safeguard measures in China's legal basis. At the same time, a number of WTO members have completed the domestic legislative process against the special safeguard measures. There is a rising trend in Chinese products special safeguard measures investigation.However, there are many problems in special safeguard measures to China from theory to practice . The core of the application of special safeguard measures to china is especially on how to make sure the elements of that "market disruption" and "significant trade diversion," which lie in the question of the existence of uncertainty and ambiguity. There is no uniform standard in specific factors that are needed identified. And all members of WTO are in favor of the interpretation and determine by their own standards, such as on the "market disruption" of specific elements: the rapid growth of imports, that the number of imported products, the judge on "the absolute increase " and "the relative increase", the scope of a surge in imports, or the threat of material injury, the causal relationship, as well as the elements of the "significant trade diversion". In essence, the Article 16 of and the paragraph 241-242, etc of < the report of Working Group in China' s accession to the WTO > have the complete forms of a order of the special safeguard measures. However , the relevant domestic legislation of the members of the WTO demonstrates the unbalanced nature of the economic, political, and cultural development. Under the "national interest first" concept, the countries are bound to make a special investigation system in line with the economic interests of their own interpretation on Special-safeguard measures to China which lack of transparency, interoperability, related to the definition of the integrity , even such an interpretation is included into their domestic law for the special safeguard measures against China which provide a legal basis to start Special-safeguard measures investigation. This will lead to a departure from China' s accession to the WTO which caused a serious situation on the investigation of special protective measures. This article is divided into three partsThe first part, it is an analysis of special safeguard measures to China and the meaning of the legal basis, explanation of the domestic legislation of the members of the WTO on special safeguard measures to China and explanation the terms of features, the nature and history of special safeguard measures basis, and China's attitude towards special safeguard measures.The second part consists of a specific analysis of the application rules of special safeguard measures to China, in which the core is how to clear "market disruption" and 'significant trade diversion' , In particular on how to identify specific elements of the "market disruption" and further study: the rapid growth of imports, the number of imported products, the judge on "the absolute increase " and "the relative increase", the scope of a surge in imports, or the material injury, causal relationship, as well as "significant trade diversion". Because in order to clarify the specific elements to start rules of the Special safeguard measures, This part is the core content for this article.The third part, the response measures on the analysis of the nature of the special safeguard measures and the specific elements of the characteristics of the concrete. First , to make a scientific explanation of the application of the special safeguard measures following the WTO rules of treaty interpretation and the overall principles of interpretation; and to explain to the implementation of special safeguard measures limited to strict conditions through the dispute settlement body; Second, the Government should actively take measures as actively as to play the role in the intervention and the establishment of safeguards to improve coping mechanisms and early warning mechanisms attaching great importance to WTO safeguards research and improve the relevant domestic legislation; thirdly, Enterprise should be active as their own, should actively respond to assist the Government in the use of WTO dispute settlement mechanism to deal with disputes, strengthen self-construction and take reasonable measures to circumvent the start of the special safeguard investigation; Finally, trade associations should play a coordinating role.Therefore, this article leads a comprehensive way to identify the application rules of the special safeguard measures, to determine the composition of elements and standards focusing on the analysis of "market disruption" and "significant trade diversion". The purpose of the study of this article lies in: Firstly, aiming to provide theoretical support on in-depth study of the applications of the special safeguard measures to China; Secondly, aiming to explore the theory and interpretation of the application rules of special safeguard measures to China, to provide the practical theory on which China can take safeguard measures for the protection of the rights and interests against WTO members.