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Textile and Apparel Safeguards
dispute settlement system of WTO
|Issue Date: ||2005|
So far, US have applied the Textile and Apparel Safeguards for four times. Turkey and European community have also initiated the measure. So the China origin Textile and Apparel has got into trouble because of the abuse of Textile and Apparel Safeguards measures. In this article, the author first looks over some basic aspects of the Textile and Apparel Safeguards, such as the history, its relationship with the ordinary safeguards, and with the Product-Specific Safeguards. Then, the author analyzes legal problems in the application of Textile and Apparel Safeguards measures of US. Firstly, the procedure is so loose that it is vulnerable to be abused. Secondly, the lack of the definition of “market disruption” and the erroneous definition of “domestic industry” are inconsistent both with the legal documents of China accession and those of WTO. Last but not least, the judgment of causal link is also unjustified. From what has been discussed above, the author draws the conclusion that China should appeal to dispute settlement system of WTO. In the end, the author also explains the necessity and stratagem for this action.
|Source URI: ||http://oaps.lib.tsinghua.edu.cn/handle/123456789/158|
|Source Fulltext: ||http://oaps.lib.tsinghua.edu.cn/bitstream/123456789/158/1/066%e8%8c%83%e5%bb%ba%e5%b9%b3.pdf|
|Appears in Collections:||Outstanding Thesis of Undergraduate Students 本科生优秀毕业论文（2005）|
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