China's Protocol Of Product-specific Transitional Safeguard Mechanism

The WTO's 4^th Ministerial Conference approved on Nov.10, 2001 byconsensus the text of the agreement for China's entry into the WTO. Chinabecomes legally the 143rd member 30 days after the WTO receivednotification of the ratification of the agreement by China's Parliament.China's accession protocol and working party report become part of WTO'sintegral legal system. Article 16 of the protocol on transitional product-specific safeguard measures is the most debated provision in the protocoldue to its discriminatory nature. However, there is a lack of systematicacademic research hereon. Based on the review of the general safeguardmechanism and the comparison of general mechanism with the Article 16safeguard mechanism, the author made extensive analysis on the substantiveand procedural aspects of Article 16 safeguard mechanism. Furthermore, thisthesis discussed how to employ the institution of DSB in defending thepossible abusive use of the Article 16 safeguard mechanism. Last, but notleast, a detailed legal reading of this provision and recommendation on itsapplication will definitely help domestic industry in China to adopt apositive attitude towards and a legal resolution for future trade disputes inthis respect.