A Study On The Domestic Law Of WTO Principal Members Concerning The Application Of Safeguard Measures

Safeguard measures in WTO refer to the temporary import restrictions protecting relevant domestic industries from the unforeseen increases in imports that cause serious injury or threat thereof to those industries. Safeguard is experiencing a rapid increase in recent years. According to WTO official releasing, since the establishment of WTO, there are 127 safeguard investigations initiated by 32 WTO members, 72 of which are still going. Developing countries account for a major part of these statistics. Safeguard being an exception in the WTO free trade system, the dramatic growth of it is inviting a more duly legal consideration to the appropriateness of its application.The WTO regulation for safeguard, WTO members' domestic legislation and the application of safeguard are three factors in chain in the safeguard legal system. This thesis is based on the introduction and analysis of WTO relevant rules, focuses on the domestic legislation and practice represented by US, EC and India, and finally comes down on the improvement of the safeguard legislation and practice in China. It works on the consistency between WTO rules, Members' domestic legislation and the safeguard application practicing, and reaches the conclusion that the adjustment of multilateral and unilateral legislation on safeguard both seems necessary to ensure the multilateralism in international trade and the exceptional nature of safeguard in WTO system.This thesis is divided into three major parts: 1 the framework of WTO regulations on safeguard application; 2 a study on the domestic legislation and practice of safeguard application in US, EC and India etc; 3 an appraisal of the legislation and practice of safeguard application in China and suggestions for improvement.