WTO選擇性保障措施研究.pdf

1、湘潭大學碩士學位論文WTO選擇性保障措施研究姓名：梁經基申請學位級別：碩士專業(yè)：法律·國際經濟法指導教師：郭樹理20060508II ABSTRACT The core of the GATT/WTO multilateral trade system is promoting free international trade, reducing trade barriers, advocating most-favored

2、nation treatment and non-discrimination treatment, forbidding carrying out the quantity restrictions. In order to guarantee the multilateral trade system to circulate stably, GATT established the safeguard system to allo

3、w its members to deviates from the free trade system temporarily under certain urgent conditions. Because it is the outcome of the compromise of multi-parties and itself has many loopholes, the safeguard item is in contr

4、oversial for a long time since it was established. The main controversial issue about safeguard is the non-discrimination and non-selectivity problem, that is to say whether safeguard measure should carry out on the basi

5、s of the most-favored nation principle or the selectivity principle. Because of the foundation of SAFEGUARD AGREEMENT in 1994, the controversy came to an initial conclusion that safeguard measures cannot be implemented s

6、electively in principle. But the controversy does not terminate yet, and selective safeguard is still survived in the current frame of WTO. There are mainly three aspects: Firstly, SAFEGUARD AGREEMENT itself reserved a l

7、eeway for selective safeguard measure. Secondly, TEXTILE AGREEMENT provide that the transition safeguard measure should carry out on the member to member foundation, which actually defines that the transition safeguard m

8、easure can be carried out selectively. Thirdly, the new entry members, especially the socialism nations face the selective safeguard measures that provided in their protocols. In order to join WTO successfully, China con

9、cede to accept the SPECIFIC PRODUCT TRANSITIONAL SAFEGUARD article in PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA. Under article 16, other members can carry out selective safeguard measure to China. R

10、EPORT OF THE WORKING PARTY ON THE ACCESSION OF CHINA also has such related provision. Therefore, China faces rigorous situation that a great deal of nations may carry out selective safeguard measure to China’s domestic p

11、roducts. Now, our country has two important issues need to be solved :one is how to avoid China’s products being limited by selective safeguard measures effectively; the other is how to response actively to selective saf