Regulation of the safeguards |
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Author | WenZuo |
Tutor | HanXiaoBing |
School | Central University for Nationalities |
Course | Economic Law |
Keywords | safeguard measures international legislation WTO |
CLC | D996 |
Type | Master's thesis |
Year | 2004 |
Downloads | 66 |
Quotes | 2 |
China had encountered the safeguard measures of the United States in steel products , since China had acceded to the WTO. Temporarily, safeguard measures have been a focus in research field. Today’s research on safeguard often focuses on the economic field and WTO relevant regulations while neglects some primary developed countries and developing countries’ laws and regulations. As to the articles concerning the WTO safeguards , they are limited to simple introduction of regulations without deep analysis of many important specific legal issues. The aim of this article include two aspects: on the one hand , it will promote the prefect of the WTO safeguards’ regulations; on the other hand , combined with the practice of Chinese safeguard mechanism, it will help China to carry out possible countermeasures.It is the international jural study of safeguard mechanism. Firistly, we should know the meanings of safeguards . what is the safeguards’ value? Secomdly , how to restrict and regulate the safeguards? The method of regulation have two kinds: native legislation and international legislation. When the native law can’t resolve those disputes, they have to fall back on the international legislation. While, because of the limitation of international legislation, the conflicts becomes acute. So those international legislation need be amended . China’s accession into WTO our domestic economy are confronted with rare opportunities and unprecedented challenges. On the one hand, aggrandized market opportunities probably result in more frequent safeguard investigations taken by other WTO members. On the other hand. Many domestic Industries, which lack international competitiveness, require perfect safeguards regime to protect them from the impacts of foreign goods. Therefore, china should perfect its relevant legal system and make full use of interaction between China’s legislation and WTO. In 2001, regulation of safeguards was enacted in China . Despite its surface acceptability to WTO rule, the regulation contains defects that will appear in its application. So its provisions for implementing conditions and procedural conditions should be elaborated and expanded so as to afford greater certainty. In this respect, legislative experiences of some countries can give a reference.By reading literatures, sorting out materials and analyzing cases, with comparison method and balancing of interest. The author draws her own conclusions through comparison, analysis and induction.The conclusions of this paper are as the follows: 1 safeguards have their value, but we should stipulate them strictly. 2 WTO and other countries has conflicts and coordination at the same time which reveals their containing each other in WTO system. All of above indicate the necessities of international regulation. 3 The problems of international regulation lie in that some important conception cut both ways and some regulation have no reason . The author reckon that those conception should be defmituded, besides, prolong the time limit of "90 days" .4 some important conception about our country’legistion such as "domestic industries’ "betimes" should be defmituded and bring forword the plan of adjusting domestic industries.