试论特定产品过渡性保障机制——对中国入世谈判不同草案之评析

On Formation of Transitional Product-Specific Safeguard Mechanism

“特定产品过渡性保障机制”是中国加入WTO所作出的特殊承诺,其法律依据是《中国入世议定书》。该议定书历经1994、1997年两个版本,并以《中美入世双边协议》相关条款为参照,于2001年11月10日最终形成。本文以《中国入世议定书》的不同草案为主线,论述中国和WTO其他成员在入世谈判中的相互博弈和利益权衡,从更深的层次来剖析现行特保机制背后的政治因素和立法背景。

The transitional product- Specific Safeguard Mechanism is the special commitment made by China on its accession to the WTO, which is stipulated in the Protocol on China＇ s Accession to the WTO. The relevant provisions in the Protocol was finally adopted on 10 November 2001, which was based on modification of the two early versions of 1994 and 1997, as well as related articles in the Bilateral Agreement between United States and China on China＇ s Accession to the WTO. By analyzing the different drafts of the Protocol on China＇ s Accession to the WTO, this thesis explores the process of interaction, persuasion and weighing of balance of different interests during the accession talks between China and other members of the WTO. In this way, this thesis aims to offer a deep insight into the political factors and legislative background embedded into current transitional product-specific safeguard mechanism.