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China special safeguards Legal Issues

Author: DongLei
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: Special safeguard measures Legal issues Specific product The main problem General Product Legality Negotiation Market disruption To take measures Export product
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 210
Quote: 3
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Abstract


China's accession to the WTO negotiations, some WTO members are concerned about the rapid growth of the export products of China's accession to the WTO will impact and damage its domestic market and the domestic industry, \The specified measures \Special safeguard measures is set specifically for the Chinese, China's accession to the WTO four years of sustained and rapid growth in foreign trade and economic cooperation at the same time, a considerable part of the country in accordance with the terms and conditions to develop the domestic regulations, and be implemented in practice. Therefore, a careful analysis of the background of the special safeguard measures, the implementation of the conditions and the corresponding legal problem is particularly urgent and important. For a correct understanding of the special safeguard measures against China's impact on China, the paper from a legal perspective the main issues involved in for special safeguards to make a more comprehensive system, these problems: special safeguards the legitimate and historical development; distinction relative to the general safeguards; WTO members in respect of the special safeguard measures which legislation; practice of WTO members to invoke special safeguards exist. In this paper, the main problem for special safeguards a more comprehensive system. In two parts for analysis. The first part of the special safeguard measures in the WTO's legitimacy and practice, elaborate five aspects. The first aspect of the GATT negotiations on special safeguards, GATT 19 and the WTO \The third aspect of the provisions of the special safeguard measures against China's WTO covers the special safeguard measures on general products for the textile and apparel special safeguard measures and special safeguard measures against Chinese products in general and the textile and apparel; fourth aspect from making purpose, applies to objects, the implementation of the standard, the action taken by the exporting country, the implementation period, to take measures West trade compensation requirements, to take measures to specific forms of implementation of the consequences of the different point of view of the provisions of the developing countries against China the difference between special safeguards and general safeguards system; fifth aspect of the introduction of China's major trading partners special safeguard measures against Chinese legislation, and be on the legislative situation Analysis. The second part of the analysis of the legal issues in the legislative and judicial practice of WTO members to approach the special safeguard measures against China. Analysis of the criteria of \Then from trade diversion, full consultations

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