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Research on NAFTA Safeguard Measures

Author: WangHaoYuan
Tutor: ChenYongMei
School: Southwest University of Political Science
Course: International Economic Law
Keywords: NAFTA safeguard measures China safeguard measures
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 21
Quote: 0
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Abstract


WTO multilateral trade system pursuits fair and free trade principles.Safeguard measures as a way of protection for domestic industry,it is important for industry adjustment,plays a role of“safety valve”. Because of this, most of the international trade agreements and regional trade agreements all have safeguard clauses. NAFTA,which was established by the developed and developing countries as the first time in the world ,also puts safeguard measures in an important position.America as one member of NAFTA,all of its trade agreements contains safeguard measures,and these measures are of great for world trade.With China enter to WTO and more regional trade agreements,safeguard measures have been playing an important effection for our trade,and also a problem that we must solute.In addition to the introduction and conclusion, the article is divided into five major sections. Using political and economic analysis, jurisprudence analysis, empirical analysis and comparative analysis, the author analyzes the tipes、conditions and dispute settlement of NAFTA, and then makes some recommendations on China’s safeguard measures.The first part reaserches the origins and basical theories of NAFTA safeguard measures. This section mainly describes the origin of NAFTA safeguard measures,and makes a groundwork for the further discussion.The second part is about the NAFTA golbal safeguare measures.Firstly, makes a distinction for NAFTA’s types of safeguard measures, which is divided into the NAFTA members and non-members of global safeguard measures. Secondly, focuses on the implementation of NAFTA safeguards conditions and on the "unforeseen developments" condition in two types of NAFTA safeguard measures ,comlares the similarities and differences of them. Thirdly, analyzes the implementation procedures of NAFTA safeguard measures ,espicially on the notification and consultation procedures. Finally, analyzes the of limits、implementation and compensation procedures of NAFTA global safeguard measures. The third part is about the NAFTA bilateral safeguard measures. Firstly,instructs the type of NAFTA bilateral safeguard measures. Secondly, researches the conditions of NAFTA bilateral safeguard measures ,distincts the differences and similarities between the transition period and outside. Finally, discusses the implementation procedures、time and forms of NAFTA bilateral safeguards procedures.The fourth section is about the dispute settlement procedures of NAFTA safeguard measures.Firstly,the problem of which dispute settlement mechanism should be applicated was soluted.Sceondly,analyzes the characteristics of NAFTA dispute settlement procedures.Finally, takes an instruction of the arbitration procedure .The last part is about China’s safeguard measures.With China enter to WTO and more regional trade agreements, safeguard measures have been the problem which we must face in the global trade. This section first introduces the problem of China’s safeguard measures,and then provides some recommendations on China’s safeguard measures.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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