世界贸易组织法ppt课件.ppt

Chapter 7Agreement on Safeguards保障措施协议
Introduction 引言
保障措施是指，WTO成员方在进口激增并对国内相关产业造成严重损害或严重损害威胁时，采取的限制进口措施。
WTO规则允许进口国政府在特定产品进口大量增加造成国内相关产业损害或损害威胁时所采取的限制进口的紧急措施
GATT/WTO在促进贸易自由化的同时，也承认贸易自由化也会使承担义务的成员方面临困难，如，无法适应新的竞争环境，为保证受影响的产业获得适应竞争的时间，规定了相应的保障措施
Background to the Agreement on Safeguards (SG Agreement) 《保障措施协议》产生的背景
Safeguard measures available under GATT 1947, Article XIX; were infrequently used, and some governments preferred to protect their industries through “grey area” measures (bilateral voluntary export restraints, orderly marketing agreements, and similar measures ).
SG Agreement reached in Uruguay Round.
Relations between GATT XIX and ASG: Apply together
Definiton of Safegurad Measures  保障措施的定义
If, as a result of unforeseen developments and of the effect of the obligations incurred by a contracting party under this Agreement, including tariff concessions, any product is being imported into the territory of that contracting party in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers in that territory of like or directly competitive products, the contracting party shall be free, in respect of such product, and to the extent and for such time as may be necessary to prevent or remedy such injury, to suspend the obligation in whole or in part or to withdraw or modify the concessions. (GATT XIX： Emergency Action on Imports of Particular Products )
如因不能预见的发展和一缔约方在本协定项下负担包括关税减让在内义务的影响，进口至该缔约方领土的产品数量增加如此之大且情况如此严重，以至对该领土内同类产品或直接竞争产品的国内生产者造成严重损害或严重损害威胁，则该缔约方可以在防止或补救此种损害所必须的限度和时间内，对该产品全部或部分中止义务或撤销或修改减让。
Safeguard measures are defined as “emergency” actions with respect to increased imports of particular products, where such imports have caused or threaten to cause serious injury to the importing Member's domestic industry. Such measures, which in broad terms take the form of suspension of concessions or obligations, can consist of