The Wto With China Special Safeguard Measures "market Disruption" Issues In The Research

The concept of "market disruption" appears in the legal documents on theaccession of China to WTO, which are embodied in the two special safeguard clausesapplicable only to China. One is Article16of Protocol on the Accession of thePeople’s Republic of China, which is applied to ordinary products of Chinese origin,and the other is Paragraph242of Report of the Working Party on the Accession ofChina, which is applied to textiles and apparel products of Chinese origin. As the coreconcept of the two clauses,"market disruption" plays a very important role in theimplementation of special safeguard measures. As these two clauses do not have aclear definition of "market disruption", which bring some bad consequences for theexport industry of China. So the thesis tries to clarify the concept of "marketdisruption" by the relevant provisions of Agreement on Safeguards, AgreementonTextiles and Clothing, and the related WTO cases, and gives a certain criterion of"market disruption" by analysing four aspects, like increase in imports, domesticindustry, injury and causation. At the same time, the author tries to demonstrate therelationship between Article16of Protocol on the Accession of the People’s Republicof China and Paragraph242of Report of the Working Party on the Accession ofChina, by the interpretation rules set forth in Vienna Convention and judges form thearbitration tribunal. In the end the author gives some suggestions for handling cases of"market disruption" from different aspects, which include Legislation, administrationand industry association and so on. The goal of this thesis is make a guide for Chinato cope with the special safeguard investigations instituted by other WTO membersand take advantages of these clauses to solve the corresponding disputes.