保障措施制度的理论和适用难点研究——兼论我国保障措施的立法完善.pdfVIP

助。 关键词：保障措施进口增加严重损害严重损害威胁因果关系 Abstract The safeguard measures，earliest appeared in the Reciprocal Trade Agreement between America＆Mexico，was strongly recommended by the USA government to be incorporated into Article 19，GATTl947 as a‘safety valve’in an international free—trade environment．The contracting parties reached the Agreement on Safeguards through the Uruguay Round negotiations and set up a comparatively complete mechanism of safeguard measures in the WTO．Theoretically，the safeguard measures are contradictive to free-trade system，whereby the members may be exempted from their commitments under GATI．To many countries，the safeguard measures have played a significant role in protecting their domestic industryeconomy；also have posed an important influence on cultivating the free-trade environment in the world． Due to its influence on international trade，the safeguard measures，as a kind of exception clauses in WTO rules has become a popular topic among scholars in developed countries．They have not only done considerable research and investigation but also applied it in legislative practice in their own countries．After enteringⅥTO． domestic producers of China will be confronted with tremendous impact and challenge，out of which is the safeguard measures．As a developing country，it is very crucial t、0r us to prevent our domestic industry from being undermined by proliferated importation via properly applying safeguard measures，and meanwhile，to restrain other countries from abusively using safeguard measures to weaken our export trade． The author tries to conduct a theoretical research，case study and comparative analysis on the safeguard measures applied in other members in the WTO，and then make proposal on the corresponding legislation suggestion and strategy in practice． The whole thesis is divided into four parts： In the first part，the author analyze the theoretical basis of safeguard measures from different viewpoint of legislation，politics and economy，focusing on