On The Application Of "Unforeseen Developments" Clause As A Condition Of Safeguards

Safeguards have strict conditions to be applied as an emergency remedy measure on imports of particular products. However, "unforeseen developments" clause under article XIX of GATT has not been included within the provisions of the Agreement On Safeguards. Therefore, there are positive and negative claims about the application of conditions of safeguards. WTO has trended to apply the positive claim hi recent cases. However, there are weaknesses itself about "unforeseen developments" clause for a subjective condition .In three points of view the WTO law, national law, legal precedent, we have concluded that "unforeseen developments" clause shall not been applied. It is not only contrary to the development direction of WTO, but also does harm to the stabilization of WTO.Theory need guide pratice." Transitional Product-Specific Safeguard Mechanism" is under Article XVI of Protocol on the Accession of The People's Republic of China, which is expected to be against products of Chinese origin. If we continue to apply "unforeseen developments", there are not only unfair but also something negative for China. So we shall stop to apply "unforeseen developments" clause and adopt "negative claim". Moreover, we shall establish "three steps mechanism", that is to say ,we shall establish early warning mechanism, consultation mechanism, counter safeguard measures to protect our domestic industry extremely.