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 cheery negotiations, the Peoples Republic of China (China) joined the World descent Organization (WTO). As one of the newest peniss of the WTO, China is unique in a subjugate of respects. First, China is the only major WTO appendage that is still Communist. Second, despite being the worlds second largest economy and arse largest trading nation, China is still within the definition of a developing country. In recent years, the combination of foreign investment and cheap labor has turned China into an economic powerhouse. Last, and close substanceantly, 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 Chinas e xports until 2014. The supplication for this new, and seemingly problematic, safeguard was that Chinas export capacity threatened to split 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 flip-flop introduced by the China-safeguard is the small evidentiary criterion that members must match in redact to meet WTO legal requirements to impose a new rampart to Chinese trade. This has encouraged other countries to manoeuv re in trade policy aimed at protecting nati! onal industries. Likewise, the China-safeguard has raised most concern as to whether the WTO can hold on its presence as a rule-based system. This note is divided up into three parts. Part One will chronicle the record and development of the Safeguard Provisions under the GATT and the WTO. Part pas de deux 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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