Research on WTO Safeguard Measures and Their Exceptional Legal System

Author: Yu Fei
Publisher:
Publish Date: 2006-01-01
Features: Based on an introduction to the generation, development, implementation conditions, and implementation principles of the WTO general safeguard mechanism, as well as the safeguard measures legislation and practices of some major WTO members, this book focuses on discussing three types of safeguard measures exception systems—the Specific Products Transitional Safeguard Mechanism, the Transitional Safeguard Measures for Textiles and Apparel, and the Special Safeguard Measures for Agricultural Products, as well as Emergency Safeguard Measures in Trade in Services. On the basis of introducing the generation, formation, and development of these three safeguard measures exception systems and conducting a comparative study with the WTO general safeguard system, the author particularly studies the implementation procedures, conditions, and principles of China's specific products transitional safeguard clause and textile transitional safeguard clause upon joining the WTO. Additionally, the book compares and analyzes the legislation and practices of two types of "special safeguard" measures targeting Chinese exports by WTO members such as the United States and the European Union. Furthermore, the book examines China's safeguard measures legislation and practices. In terms of legislation, the author introduces China's safeguard measures legal system from both procedural and practical perspectives and compares it with WTO safeguard measures rules and the safeguard measures laws of other WTO members. In practice, the author introduces China's only safeguard measures investigation case to date—the Steel Safeguard Measures Investigation Case—and provides commentary on its successes and shortcomings.