Study On Countermeasures Of Special Safeguard System In China

Special safeguard measures was a topic for discussion in the process of chinaentry negotiation. Some member parties worried that after entry the rapid rise ofexport products would be hurtful to their domestic industries. China received thisclause as the cost of entry. It embodied in Protocol on the Accession to World TradeOrganization of the People's Republic of China and The People's Republic of China'sEntry to World Trade Organization Workgroup Report. Special safeguard measuresare different with the common safeguard measures. After the entry, many parties hadenacted corresponding domestic legislation and used special safeguard measures inpractice.With the development and perfection of Chinese market economy, the gradualexpansion of foreign trade, we should pay special attention to the countermeasures ofspecial safeguard system under the circumstances of the increase of exported goods.This paper falls into four parts. The first part is mainly about the rudiment of SpecialSafeguard Measures, the background of the acceptance of Special SafeguardMeasures at the time of China's entry into WTO, together with the analysis of bodyconditions and procedure conditions of its application and the difference fromcommon safeguard measures system. The second part illustrates the domesticlegislation established by some concerned WTO members when they deal with thisspecial safeguard measures. The emphasis is paid on the introduction of the body andprocedure regulations of this problem in America and Japan, and the evaluation ofthis legislation. The third part talks about the special safeguard measure investigationadopted by some WTO members, aiming at this Special Safeguard Measures and itemphasizes two special safeguard measures investigation initiated by America ofChinese exported non-metallic circumferential weld steel tubes and EU of exportedorange can productions. Detailed introduction is paid on the whole story of these twocases and the transaction of these two cases. The fourth part, based on theestablishment of Chinese Special Safeguard Measures and the special safeguardmeasures investigation launched by WTO members and aiming at the situation of China, puts forward the countermeasures of China replying to this Special SafeguardMeasures.The innovation point of this thesis is that in the analysis of measures, both thegovernment and the enterprises have indispensable responsibilities in thecountermeasures establishment of special safeguard systems. Only by exertion andcombination of the powers of both the government and the enterprises, can they buildsound countermeasures of special safeguard systems in order to guarantee the fast,healthy development of Chinese economy.