Research On The Temporary Safeguard Clauses In Regional Trade Agreements And International Investment Agreements

Since 2000,there is a noteworthy phenomina that is the apperance and development of the temporary safegurad clause,this clause is matched with transfer clause,which means the host state can take restrict measures in serious balance of payment situation or the threat there of.The inclusion of temporary safeguard clause is the modification of the traditional treaty that tend to protect the interests of investment’s.By enhancing the economic regulation power owned by the host state,the interests between the host state and investment has been balanced.With the on going global economic and trade interaction,more and more treaties has included the temporary safeguard clause in,and the regulation of the temporary safeguard measure has became riper.However,there still have some aspects to improve form the perspective of practice.Based on this consideration,this dissertation mainly discussed about the temporary safeguard clause form practical perspective.Apart form the introduction and conclusion,this dissertation is made up with 5parts,50000 more words.The first part,a brief introduction of the temporary safegurad clause,this part firstly make a comparative analysis on the connotation of the temporary safeguard clause,then sumarize the charactors of the clause,and ditinct it from other exceptional clauses.After the above introduction and analysis,this part also briefly comb the regulations of the temporay safeguard clause in several RTAs and BITs.At the last,this part peticularly disscuss the justification of the temporary safeguard clause from the perspective of international principles.The second part,the empirical analysis of the themporay safeguard clause,in this part,several typical ICSID cases related with the transer limitation measures are introduced and briefly analysised.The third part,the problems raised during the implementation of the temporary safeguard clause,in this part,the autor list five specific problems that may faced or raisd during the implementation of the temporay safeguard clause,these problems are,limition of the implementaiton,the ambiguity of the word concerning the starting condition,the chose of the explenation method of the necessity requirement,the distinction between the temporay safegurad measure and indirect expriporation,and whether the temporary safeguard can be regarded as the self-juding cluase.The forth part,the solution towards the problems of temporary safeguard clause,this part reply the question proposed in the last part from five perspectives,that are the solution to the limited implication scope,judgement machnisim,the choice of the explation method towards necessary,distiction between the temporary safeguard clause and indirect expropiration,and whether the temporary safeguard clause can beregarded as self-judge clause.The fifth part is " practice and suggestions about the temporary safeguard clause in China’s treatie",this part have a detailed review on the rules about the temporary safeguard clause in China’s treaties,and then proposed some areas that need to be perfected.About the reach method,this dissertation mainly use the method of rule analysis,history analysis,experience analysis and comparative analysis.t I use the method of rule analysis and history analysis in the process of reviewing the rules of temporary safeguard measure,use the method of comparative analysis in the study of the nature of the temporary safeguard clause,use the method of empirical analysis during the disscuss of the impeletation situation of the temporary safeguard clause.