Safeguards In The Wto Agreement Study

Safeguard measures refer to the measures which a country takes under the situation that many a product is being imported into one country in such increased quantities that to cause or threaten to cause seriously injury to the domestic industry. It is a legal trade remedy measure permitted by the WTO. Three entity conditions to use the measures are stipulated in the article XIX in 《GATT1994》 and in Agreement on Safeguards: the increasing in the imported quantity, causing to or threatening to cause the serious injury to the domestic industry and the causal link between the increasing in imported quantity and the industry injury. The international lawful origins of the safeguard measures are the article XIX in 《GATT 1994》 and the Agreement on Safeguards, while the domestic origin differs from each other, the lawful base is the rebus sic standibus of international agreement law.Safeguard measure regime includes "Transitional Product-Specific Safeguard Mechanism which against China, the special transitional safeguard mechanism in the 《Textile And Clothing Agreement》 and the special safeguard item in the 《Agreement on Agriculture》, while the core of it is the 《Agreement on Safeguards》, the implementing conditions within the "Transitional Product-Specific Safeguard Mechanism" include "Market disruption" and "Trade diversion" which is caused by the market disruption, these condition low down the implementing threshold of the safeguards . The consequence of implementing the measures is quite negative, and it damages the advantages of consumer and benefits for the producer.The ostensible legality of Safeguard measures, the rationality of its inner mechanism and its effect make it a new way for trade protect, which make it easy to be used. We should pay enough attention to such a tendency, on one hand we should deal with the safeguard measures from other country while on the other hand we should also try to use it to protect national industry, what is more, we should improve the legal system and set up the 《Safeguard measure law》 as soon as possible.