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保障措施与反倾销同为WTO规则下两种合法、有效的国际贸易救济措施,反倾销措施以 往被各国众多使用,而保障措施则鲜为运用。随着国际服务贸易事业的蓬勃发展,保障措施将会被 更多国家作为一种控制国际服务贸易自由化风险的手段。保障措施与反倾销措施的共同点在于都 是为了维护境内产业的生存与正常发展而采用的救济措施,都是一种贸易保护手段,但两者在适用 条件、适用的法律责任、适用的范围、适用的程度、采取的措施、对损害的要求程度等方面存在着不 同。比较两者的异同便于更好地掌握两种救济措施的特质,适当地运用两种救济措施以维护对外贸 易秩序。
Safeguard measures and anti-dumping are two legal and effective remedies for international trade under the WTO rules. Anti-dumping measures were used by many countries in the past while safeguard measures were rarely applied. With the vigorous development of international trade in services, safeguards will be adopted by more countries as a means of controlling the risk of liberalization of international trade in services. The common ground between safeguard measures and anti-dumping measures is that both are relief measures adopted to safeguard the survival and normal development of domestic industries and are all trade protection measures. However, both the applicable conditions, the applicable legal responsibilities, the scope of application, The degree of application, the measures taken, the extent of the damage required, and so on. Comparison of the similarities and differences between the two to better grasp the characteristics of the two relief measures, the appropriate use of two relief measures to maintain foreign trade order.