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영어

The transitional product‐specific safeguard mechanism in China’s Accession Protocol is recognized as an unfavorable clause towards China after China’s entry to the WTO. The inclusion of the SSM in the Protocol is a result of long‐term tough negotiation due to China’s
special market and economic conditions. The different phrases of the SSM in the Protocol from the general safeguards rules and the ambiguities are argued to leave China at an unfair situation. Especially, the revival of grey‐area measures and departure from MFN principle, and some departures from the phrases used in general safeguards rules. However, the language of the SSM in the Protocol must be read carefully, in its context which includes the Protocol and the WTO Agreements, in the light of its object and purpose, and keep in mind of the general‐special relation between the general safeguards rules and the Protocol. Then it can be found that not all the different terms set out a less restricted requirement on applying a SSM towards China, some even set forth more restricted requirements; and some of the ambiguities can be solved by referring the general safeguard measure rules, such as Article XIX of GATT, the Agreement on Safeguards and the Anti‐dumping Agreement. In order to interpret and apply the SSM in the Protocol properly, the language must be read in cautious, together with the general safeguards rules.