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On the Selectivity and Unselectivity of the Implementation Manners of WTO Safeguard Measures

Author: WangJing
Tutor: JinXiaoChen
School: Capital University of Economics
Course: Economic Law
Keywords: Safeguards Embodiment Selective Non-selective
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 148
Quote: 0
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Abstract


In the result of a significant increase in the number of imported products the domestic industry caused serious damage or threat of serious injury time, WTO members to be in accordance with WTO rules, the implementation of safeguard measures to protect domestic industry and relief. WTO rules, members of the parties in the implementation of safeguard measures, it should not ask the source of products for the imported product is uniform implementation of safeguards. But in trade practice, there is often a safeguard measure selective and non-selective in two ways. Based on the analysis of the specific terms of the WTO safeguard measures, combining international trade safeguards practical case, in-depth study of the WTO safeguard measures embodiment selective and non-selective, at the root of its existence, reality, legality and this two embodiments of the future direction of development and other aspects of insights. This paper first introduces safeguards embodiment of concepts and historical development. From GATT to the WTO, the implementation of safeguards historically there is a big controversy. GAIT Article 19 from the first multilateral trading system under the safeguard clause of birth, to the Tokyo Round, the Uruguay Round, after years of negotiations, WTO safeguard measures to finalize the embodiment of non-selective. However, this non-selective but there are exceptions. In the allocation of quotas, regional trade arrangements and new members of these three areas, WTO provisions will lead to fuzzy safeguards embodiment selectivity. This article is the result of these three possible embodiments selective safeguard measures analysis of exceptions based on the presence of selective and nonselective find the root causes of these two embodiments have been studied and discussed. It is due to the new members of the WTO provisions in this regard there are loopholes, making China as a WTO member to join the new party, suffered discriminatory treatment. Embodied in the \According to Article 16, WTO members to have developed a discriminatory against China safeguards provisions, and in China after WTO accession which many members of the party also filed safeguards against Chinese investigation discriminatory treatment of Chinese products . This not only makes Chinese products in the international market hit, and make relevant domestic industries therefore suffer huge losses. This last part is the actual situation in China, for China's accession to WTO, signed the \

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