China's Product Specific Safeguard: Enhancing Protectionism And Impairing The Efforts Of The World Trade Organization Toward A Rule-based Legal-system

On December 11, 2001, after fifteen years of comfortable negotiations, the Peoples Republic of China (China) joined the World lineage Organization (WTO). As one of the newest peniss of the WTO, China is unique in a arrive of respects. First, China is the only major WTO outgrowth that is still Communist. Second, despite being the worlds second largest economy and blue largest trading nation, China is still within the definition of a developing country. In recent years, the combination of foreign enthronization and cheap labor has turned China into an economic powerhouse. Last, and nigh minuteantly, China is the only country that has agreed to a transitional Product Specific Safeguard Measure (China-safeguard) imposed on them by the United States, upon acceding into the WTO. This safeguard, reflected in Article 16.9 of the Protocol on the Accession of the Peoples Republic of China (Chinas Accession Protocol), can be used by any WTO importing country against China s exports until 2014. The invocation for this new, and seemingly problematic, safeguard was that Chinas export capacity threatened to fragment established commerce patterns. Many characteristics of Chinas product-specific safeguard atomic number 18 at odds with core WTO principles and established instruments of administered import tax shelter available to members.

One particular stir introduced by the China-safeguard is the small evidentiary criterion that members must retaliate in redact to meet WTO legal requirements to impose a new rampart to Chinese trade. This has encouraged other countries to enga ge in trade policy aimed at protecting dome! sticated industries. Likewise, the China-safeguard has raised most concern as to whether the WTO can concord its presence as a rule-based system. This note is divided up into three parts. Part One will chronicle the account and development of the Safeguard Provisions under the GATT and the WTO. Part duo will detail China-safeguard provisions in... If you want to get a full essay, order it on our website: OrderCustomPaper.com

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