论保障措施的实施要件

中国按照WTO协议要求公布的《保障措施条例》与WTO的《保障措施协议》比较而言 ,该条例在保障措施实施要件的规定上与协议基本一致 ,但由于协议自身对实施要件的规定有待进一步具体化 ,因此 ,仅仅在立法层面与协议保持一致是不够的 ,有必要结合WTO的有关案例对保障措施的实施要件做深入研究 ,使中国对于这项法律制度能够充分认识、正确运用 ,从而达到在国际贸易中维护自身权益的目的

Study on Performance Conditions of Safeguard Measure

The Safeguard Ordinance was announced according to the request from WTO. The article points out the following ideas. Compared with the Safeguard Agreement, the ordinance's rules about performance conditions of safeguard measure are the same as that of the agreement. Because the roles about performance conditions in the agreement are in the face of being specified further,it is incomplete to only have the same rules as that of the agreement. So it is necessary for us to make a further study into the performance conditions for adequate understanding and correct use of the safeguard measure.So as to make our interests protected in the international trade.