On The Substantive Requirements Of The Wto Safeguard Measures And Countermeasures In China

Among significant measures that WTO has permitted its members to exercise toprotect their domestic industries and constrain overseas products are safeguard,anti-dumping, and anti-subsidy measures. Different from anti-dumping andanti-subsidy measures which deal with unfair trade, safeguard measures deal with fairtrade but hinder fair play to some extent. On the basis of the article 19 ofGATT1947 and Agreement on Safeguard, the author analyzes the substantiverequirements of implementing safeguard measures, points out the peculiarity ofimplementing safeguard measures by compare and contrast, and tenders someimmature suggestions about how to improve the current safeguard measures whichstill have certain deficiencies. On the heels of China's entry into the WTO,transitional product-specific-safeguard measures have hindered the normaldevelopment of foreign trade of China and may have negative influence on China'sexports in next seven years, owing to the article 16 of Protocol on the Accession ofthe People's Republic of China and the item 242 of Report on the Working Party onthe Accession of China. Therefore, the research on transitionalproduct-specific-safeguard measures not only has realistic meanings but hasfar-reaching benefits as well. By comparing and contrasting transitionalproduct-specific-safeguard measures with ordinary safeguard measures, this thesispoints out the peculiarity of implementing transitional product-specific-safeguardmeasures. On the strength of the characteristics of implementing transitionalproduct-specific-safeguard measures and the substantive requirements ofimplementing ordinary safeguard measures, the author gives some suggestions onhow to cope with and make full use of safeguard measures and presents someforward-looking views on future interactions between safeguard measures andChinese exporters.