Regional Trade By Members Of The Wto Safeguards

The concept of safeguard measures includes broad meaning and narrow meaning. In this paper, the safeguard measures only refer to Articleâ…©â…ªof GA TT1994 and Agreement on Safeguards.Members of a preferential regional arrangement have two ways to apply safeguard measures: one is to put the safeguard measures of WTO into effect, but exempting imports from other regional members while applying a safeguard measure for the sake of benefits they gain from that regional arrangement; the other is to apply the internal safeguard measures which confine to the area members in according to its regional trade arrangement. In practice, the former is very common, but dispute is also resulted by actions of excluding regional products from a safeguard measure; the latter is uncommon. This article only discusses the former one.Five parts except the foreword constitute full text:Partâ… : The meaning and legislative development of safeguard measures of WTO. This body directs on characteristics and nature of safeguard measures acting as "relief valve" in free trade and how clause of safeguard measures and Articleâ…©â…ªof GATTI 994 and Agreement on Safeguards came into being.Partâ…¡: Dispute settlements of members of regional trade arrangements put safeguard measures of WTO into practice. This part mainly talks about the controversial point of dispute parmers in cases Argentina-Footwear and US-Line Pipe as well as rulings of DSB.Partâ…¢: The law basis on which members of regional trade arrangements apply safeguard measures to other participants. The author believes, restrictive regulations drawn in section8 of GATT24 should be enumerative, not incomplete; "substantially all trade" is unlike all trade, implying safeguard measure to regional products couldn't hinder regional trade liberalization.Partâ…£: Imports from other regional members are excluded while applying WTO safeguard measures. In this part, the author tries to discuss those issues conceming the exemption of regional products from WTO regulation and cases, such as possibility and condition and principle that should follow.Partâ…¤: China and application of WTO safeguard measures. Firstly, this part points out that China should take part in actively concluding regional trade arrangement. Finally, the author give own opinion upon how China should implement the safeguard measures of WTO and how to respond to trade protection behavior of other countries.