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

On the protection measures applicable

Author WangTao
Tutor ShengJianMing
School University of Foreign Trade and Economic
Course Legal
Keywords Absolute growth Relative growth Serious damage Threat of serious injury Causality
CLC D996.1
Type Master's thesis
Year 2002
Downloads 37
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Safeguard measures (safeguard) is one of the three side by side with the anti-dumping, countervailing goods trade remedy measures, the one associated with the development process in the WTO, is gradually improving, more and more fully explained under fair trade conditions trade remedy measures. Safeguards legislative principles derived from international law \This article the author through comparative studies, summarized proposed five characteristics of the Agreement on Safeguards. Fair and reasonable and safeguards were introduced. I focused on the Agreement on Safeguards, the analysis of the applicable conditions of the safeguard measures under the WTO legal system: from the various levels of the legal principles, laws, cases proved GATT Article 19 still applies conclusions; in the \proved two questions: First, how to decide the import growth; growth must be close enough, sudden enough, serious enough, obvious enough, at the same time, the discourse of \serious harm \Through the analysis of the case of the Japanese towel handicapping discussed textiles transitional safeguard measures, focuses on the \How to apply safeguard measures, I want to make full use of safeguards to protect the domestic industry's survival and development; actively industrial restructuring; take full advantage of the dispute settlement mechanism against the abuse of safeguards three proposals. Should see China signed the Accession Protocol, the provisions of the safeguards, both enjoy the favorable aspects of developing countries, also will be subject to discriminatory treatment. Especially China's WTO Accession Protocol, Article 16 of the Transitional Product-Specific Safeguard Measures provides very unfavorable. Comprehensive knowledge, the author summarizes the main difference between the terms of the special safeguard \In reference to a number of experts and scholars discussed the use of what they have learned, in-depth and detailed to explore a number of controversial issues and express a personal point of view, due to the limited level of mistake or one-sided testimony inevitable, a lot of criticism and hope the experts and scholars . In the process of the writing of this article, courtesy of Sheng Jianming teacher guidance, would like to thank

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