正确解读特保条款

Correct Explanation of Product - specific Safeguard Clause

特保条款是我国为人世而付出的代价之一,各国的法律实践已经表明其有被滥用的倾向。文章从法理的角度提出特保条款违反WTO的宗旨和原则,并不具有“真正的法律”的品格,认为应从原则与例外、目的与条款及有利于弱者并结合缔约背景等方面正确解读特保条款,以最大限度地限制特保条款的适用。

product - specific safeguard clause is one of the costs that China paid out in order to enter WTO, and other countries'practices have shown that it will be abused. This article points out from the view of legal law that Product - specific safeguard clause breaches WTO' s tenet and principle and therefore,does not own the quality of 'genuine law ' . It should be explained according to principle and exception,purpose and clause, as well as favoring the weak, so as to restrict to the maximum extent the application of Product - specific safeguard clause.