Special Safeguard Measures Under The Legal Framework Of Wto And China's Countermeasures Research

Safeguards are rules that permit one country to violate its obligation provisionally on special conditions when the relevant industries at home are damaged or threatened by the increasing import of congener products or industries. Safeguards in WTO, one of the general exceptions, mainly provided in Agreement on Safeguards, are special measures taken by a country to protect its benefits when the increase of imports constitutes serious injury or serious threat. Safeguards are taken on specific products or industries under the principleof non-discrimination. However, safeguards in agriculture, textile and service are different from those provided in Agreement on Safeguards due to the particularity of these industries, and these safeguards are definited as special safeguards. Additionally, for "non-market economy counties"WTO provides special safeguards-- selective safeguards, the typical example of which is transitional safeguards system for special products provided in Article 16 of the Admission of the People's Republic of China to the World Trade Organization. Article 16 of the Admission of the People's Republic of China to the WTO turns to be a discriminate provision especially for China and put the country into a very negative situation. Thus China should take some counter measures in economic and legal field, what's more, take the advantages of WTO rules to promote the development of China's economy.Based on the cognition of the facts and theories above, the theme of the paper On Special Safeguards under Legal System of WTO and China's Counter Measures was established, and the analysis framework is confirmed as follow:Chapter 1: The general introduction of the special safeguards under the legal system of WTO, which is also the analysis base of the paper.Chapte 2: The characterictics of the special safeguards and the comparison of different sorts of special safeguards. This part is conducted in the following two aspects: fist, it analyse the basic characteristics of the special safeguard under the legal system of WTO , then it compare these characteristics with the characteristics of other relevant safeguards such as antidumping measures and counter vailing measures , general safeguard and the textile— specific safeguard.