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保障措施作为一项例外条款,它的适用条件有着特殊的重要意义。GATT和WTO分别对保障措施的适用条件进行了规定。世界各国的相应立法也明确规定了保障措施的适用条件,尤其作为倡议国的美国,规定的更为详尽。我国的《保障措施条例》吸取了WTO《保障措施协议》的有益经验,为我国的产业保护提供了法律依据。但WTO的规定不是完美的,我国的规定更亟须完善。本文对保障措施的实体要件进行了深入分析,希望能使中国从自身找到应对之策,从而达到在国际贸易中保护自身权益的目的。
Safeguards as an exception clause, its conditions of application have a special significance. GATT and WTO respectively provide for the application of safeguards. The corresponding legislation of various countries in the world also clearly stipulates the conditions for the application of safeguards, especially the United States as the sponsor country. Our “Safeguards Regulations” have drawn the beneficial experience of WTO “Agreement on Safeguard Measures”, which has provided the legal basis for the industrial protection in our country. However, the provisions of the WTO are not perfect, and the provisions of our country are in urgent need of improvement. This article has carried on the thorough analysis to the substantive elements of the safeguards, hoping to make China find its own countermeasure, so as to achieve the purpose of protecting its own rights and interests in international trade.