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Study On The Safeguard Measures Of CAFTA

Posted on:2013-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:L PengFull Text:PDF
GTID:2246330395987959Subject:International Law
Abstract/Summary:PDF Full Text Request
China has followed up the world’s trend of international trading and kept a positiveattitude for regional economic integration. In this situation,CAFTA is born to be the firstfree-trade area that constitute only developing countries, which is also the fastest and highestachievement in the regional cooperation history of China. Safeguard Measures are significanttools for countries to protect their domestic industries, while especially functional in dealingwith the contradictions between trade liberalization and development of domestic industries.The Safeguard Measures of CAFTA is based on the WTO Safeguard Measures system and thepractical experience of CAFTA on its own, effective both to the WTO members and to thenon-members.This article mainly analyzes the Safeguard Measures in the agreements of CAFTA.Through the comparison of the interrelated systems in WTO and NAFTA, this article tries toprovide some useful suggestions for further free trade agreements. This article includes aintroduction and the main text:In the introduction, this article analyzes the necessity and the actuality of the SafeguardMeasures in CAFTA by introducing the status quo of the CAFTA’s systemic economicsituation. It also introduces the significance on surveying the Safeguard Measures of theCAFTA both in the theory and practice. It ends with a concluding part on research methods.Part one is about the definition, legislative basis and existing model of the SafeguardMeasures in CAFTA. Through the analysis of the theoretical conception of the SafeguardMeasures, and the legislative basis of the CAFTA Safeguard Measures, this article furtherclassifies and defines the system of CAFTA Safeguard Measures. By concluding the model ofthe Safeguard Measures and comparing with the Safeguard Measures in NAFTA, this articlegoes on to suggestions to summarize a model of the Safeguard Measures in CAFTA.Part two focuses on the global safeguard measures of commodity trading in CAFTA. Theglobal safeguard measures of commodity trading in CAFTA are applicable to members ofCAFTA, also to the members of WTO, in accordance with GATT(1994)-19and the SafeguardMeasures of WTO agreements, which includes the conditions, procedures and practices of theglobal safeguard measures in CAFTA. This Article also points out the existing shortcomingsin the Safeguard Measures of the CAFTA, and then provides an appropriate solution toprevent the abuse of the global Safeguard Measures. The third part mainly analyzes the CAFTA bilateral safeguard measures on commoditiestrade. The CAFTA bilateral safeguard measures are implemented in accordance with thesafeguard provisions of the CAFTA trade in goods agreement. By comparing it with theglobal Safeguard Measures, it aims to draw up a regional trade agreement including theadapting conditions, procedures etc. While discussing the bilateral Safeguard Measuressystem, this author compares it with the regulations of NAFTA, then points out the deficiencyand provides a correspondent solution. This article also summits some advices on bilateralSafeguard Measures system that is abused.Part four focused on emergency safeguard measures of the CAFTA trade in services. Asto the special realities of GATS and the current situation of the multilateral negotiations onemergency safeguard measures for trade in services, this article proposes the problem of howto apply the results of GATS negotiations. A temporary Safeguard Measures is also providedbefore multilateral negotiations of GATS is nailed.
Keywords/Search Tags:CAFTA, Global Safeguard Measures, Bilateral Safeguard Measures, Emergency Safeguard Measures
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