Research On The Legal Issues Of Transitional Product-specific Safeguard Mechanism

December 11, 2001, after protracted negotiations, China formally joined the World Trade Organization. "China's accession to WTO Protocol," Article 16 establishes specific to China's Transitional Product-Specific Safeguard Mechanism. "China's accession to the Working Group Report," paragraph 245 to 250 above, Article 16 of the protocol in greater detail to add. This in order to "market disruption" as the core of the Transitional Product-Specific Safeguard Mechanism in the final formation of both its historical background, there are real causes. The history of planned economies in Eastern Europe and other countries to join GATT, the use of special safeguard provisions limiting the planned economy countries, Movie & Music, so that domestic industries in developed countries the damage or threat of damage. A more realistic reason is that many WTO members countries, especially the United States that China is a non-market economy, China's huge export trade volume of its domestic industries caused by a serious threat.Transitional Product-Specific Safeguard Mechanism is an unfair terms in China, in a sense, it is entirely the United States, "Trade Act of 1974," 406 copy of the terms, in violation of the principle of free and fair trade. However, it is also the premise of China's trade-offs made a choice. Because China is a significant export-oriented features of developing countries, international trade for its economic development plays a decisive role. Accession to the WTO, China's rising level of market opening, a substantial increase in imports, but also economic and trade partner for the whole order to provide a huge market access opportunities.In this paper, "China's accession to WTO Protocol," Article 16 and the "China's accession to the Working Group Report" section 245-250 of the basic starting point for the study, and GATT Article 19 and the Uruguay Round to achieve a "safeguards agreement" a comparative analysis, using standard analysis, historical analysis and empirical analysis methods, the Transitional Product-Specific Safeguard Mechanism of the launch conditions, implementation of the program there is an in-depth study of legal issues and propose a strategy for this mechanism.This paper is divided into five chapters, the first chapter analyzes the Transitional Product-Specific Safeguard Mechanism of the theoretical basis of its legal nature, sources of law, the legal effect of WTO member countries as well as the response of this mechanism as amended by the domestic law of each of these four areas described ; second chapter discusses the Transitional Product-Specific Safeguard Mechanism of the launch conditions, focus on analysis of "market disruption" and "significant trade diversion" It's two real conditions; third chapter analyzes the Transitional Product-Specific Safeguard Mechanism in the implementation of procedures, including the consultation process and its rules, notice obligations and inform the Committee on Safeguards and other procedures; fourth chapter briefly analyzes the Transitional Product-Specific Safeguard Mechanism in the other two legal issues, namely, the right to revenge, and temporary safeguard measures; fifth chapter, in the a comprehensive analysis of the Transitional Product-Specific Safeguard Mechanism in real terms the conditions and implementation of procedures, this chapter summarizes the legal issues of the mechanism and from the angle of macro-and microeconomic policies for reference.