WTO框架下特定产品过渡性特保之市场扰乱特保机制的研究.pdfVIP

制”的整体策略框架，并进一步细化到具体构建的方式和步骤。 本文主要从五个方面对TPS特保中“市场扰乱”机制进行探讨，分别是中 国特保机制及市场扰乱的概述；中国产品市场扰乱特保机制要件及实施方式(包 括其实质条件、程序条件、实施方式)；美国针对TPS特保对华特保机制的法律 结构、比较及分析；笔者评述中国特保机制下“市场扰乱”(包括合法性问题和 弊端分析)；最后介绍我国应对策略。希望在不利的外部环境下，善用法律，最 大限度保护中国的合法权益。 关键词：中国特保；特定产品过渡性特保；市场扰乱特保 Abstract The main aim of WTO IS to realize free and fair trade between its member states． Safeguard measure for trade restriction just contradicts the free trade spirit of WTO． However，practically speaking，the effect of safeguard measures is regarded as congruent with maj or WTO purposes which strive for fair trade and the equal promotion of economic development levels of all WTO members．In another word． the safeguard measures system exists in the WTO legal framework as a lawful exception to WTO rules．This is a demonstration of the balance between the f-reedom demanded by international trade and flexibility for WTO members to implement their treaty obligations． Although regulated by special rules of the WTO，the goals for introducing special safeguard measures are the same with those of general safeguard measures． The difference lies in the specific implementation conditions and requirements．Under the WTO legal framework，there are generally two categories of special safeguard measures：the first category is based on the relevant provisions in the Agreemenf on Agriculture,Agreement on Textiles and Clothing(terminated)and Gene，．以， Agreement OH Trade in Services(the Enabling provision)；the second is the center of study of this paper--the“Special Safeguards on China”stipulated by Section 1 6 of the Protocol andParagraph 242 of the Working Party Report． Generally speaking，as the reluctant concession and commitment made bv China in its accession to the WTO after weighting a balance between costs and benefits．the “Special Safeguards on China”is currently the only effective discriminating safeguard mechanism under the WTO legal framework．The“Special Safeguards On China’is the combination of two special safeguard system：the first is