Legal Analysis Of The Case Of China V.the United States On Safeguard Measures For Crystalline Silicon Photovoltaic Products

Since China’s entry into WTO,China has been actively exploring the international market,so that Chinese products continue to "go out".In this process,trade is frequent and friction is frequent.Our country is also actively taking relief measures to constantly improve our international trade relief and protection system.Among them,outstanding achievements have been made in countervailing and antidumping systems,while the safeguard measures are slightly inferior.Based on the "China safeguards the crystalline silicon photovoltaic products" as the center,delve into the case involved about safeguard measures in international trade remedies related issues,to the problem of the study,is helpful for China to better deal with related trade frictions in international trade,makes China in dealing with such issues as passive position to active status.This paper is divided into four parts: the first part mainly expounds the "China safeguards the crystalline silicon photovoltaic products" is introduced as well as the controversial focus of the scene.After introducing the safeguard tariffs imposed by the United States on Chinese crystalline silicon photovoltaic products,the focus of the case is fully analyzed by referring to the panel’s ruling on the case,which leads to the three major questions to be studied in this paper,namely,does the United States prove that the increase in imports is due to unforeseen developments? Has the US ensured that China’s actions have caused "industrial harm" to the US itself? Has the United States demonstrated a causal relationship between increased imports and harm outcomes? The second part focuses on the first controversy.In accordance with the safeguards agreement and article 19 of GATT1994,the author analyzes and studies the "import increase" caused by "unforeseeable development",expounds the case according to academic research and relevant legal provisions.The third part analyzes the second controversial focus.Among them,the panel using the WTO law explains Chinese imports of crystalline silicon photovoltaic products of the corresponding products industry had a serious damage or threat of injury,in the case analysis part,according to the deep interpretation of the law and the appellate body before the cognizance of this aspect to determine the cognizance of the panel is correct.The fourth part introduces the determination of causality by the expert group in this case.Firstly,the factors needed for causality should be analyzed and sorted out;secondly,the nature and principles of causality should be understood and discussed;finally,the overall analysis of the case should be combined with laws and jurisprudence.Through the demonstration of the parts,finally it is concluded that the panel interpretation recognition and analysis of the law is not unreasonable.The implementing party of safeguard measures shall determine the preconditions for the adoption of such measures in accordance with the principle of fairness and justice,so as to ensure the realization of free trade among countries.