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WTO Agreement on Safeguards and Article XIX of GATT

WTO Agreement on Safeguards and Article XIX of GATT PDF Author: Fernando Piérola-Castro
Publisher: Cambridge University Press
ISBN: 1108655734
Category : Law
Languages : en
Pages : 827

Book Description
Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.

WTO Agreement on Safeguards and Article XIX of GATT

WTO Agreement on Safeguards and Article XIX of GATT PDF Author: Fernando Piérola-Castro
Publisher: Cambridge University Press
ISBN: 1108655734
Category : Law
Languages : en
Pages : 827

Book Description
Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.

Safeguard Measures in World Trade

Safeguard Measures in World Trade PDF Author: Yong-Shik Lee
Publisher: Kluwer Law International B.V.
ISBN: 9041123768
Category : Law
Languages : en
Pages : 290

Book Description
Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.

Recognition and Regulation of Safeguard Measures Under GATT/WTO

Recognition and Regulation of Safeguard Measures Under GATT/WTO PDF Author: Sheela Rai
Publisher: Routledge
ISBN: 1136702954
Category : Business & Economics
Languages : en
Pages : 261

Book Description
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. The book sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, and considers safeguards from a developing countries perspective drawing examining how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.

The Challenge of Safeguards in the WTO

The Challenge of Safeguards in the WTO PDF Author: Fernando Piérola
Publisher: Cambridge University Press
ISBN: 110707178X
Category : Business & Economics
Languages : en
Pages : 419

Book Description
This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.

The WTO Agreement on Safeguards

The WTO Agreement on Safeguards PDF Author: A. O. Sykes
Publisher: Oxford Commentaries on Gatt/Wt
ISBN: 9780199277407
Category : Law
Languages : en
Pages : 0

Book Description
"This book provides a thorough treatment of the legal, economic, and policy issues associated with safeguard measures in the WTO system. It includes a careful treatment of the history of safeguard measures under GATT, and the impetus for the Agreement on Safeguards during the Uruguay Round. It reviews the economic arguments for and against safeguard measures, including the modern political economy account of safeguards and "escape clauses" in international agreements."--Résumé de l'éditeur.

The WTO, Safeguards, and Temporary Protection from Imports

The WTO, Safeguards, and Temporary Protection from Imports PDF Author: Chad Philips Bown
Publisher:
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 560

Book Description
This collection of theoretical and empirical papers examines the legal, economic and political justifications for the controversial use of WTO Safeguard mechanisms.

The World Trade Organization

The World Trade Organization PDF Author: International Trade Law Center
Publisher: Springer Science & Business Media
ISBN: 0387226885
Category : Law
Languages : en
Pages : 3142

Book Description
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

Theoretical Rationales for the WTO Safeguard Regime

Theoretical Rationales for the WTO Safeguard Regime PDF Author: Robert Alexander Rastorp
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 254

Book Description
This thesis examines Article XIX of the General Agreement on Tariffs and Trade, the "safeguard" provision, which allows states that experience an unexpected disruption or downturn in a domestic industry, caused by increased imports resulting from GATT trade concessions, to temporarily suspend, on a non-discriminatory basis, the GATT obligations that caused the disruption. Alan O. Sykes, based on his application of public choice theory to the behaviour of the signatory states, has argued that the safeguard provision is a necessary component of the GATT, since without it states would have lacked the incentives to enter into the GATT, and the present agreement would unravel. By contrast, I analyze rationales for the safeguard regime from a 'two-level game' perspective, incorporating international as well as domestic incentives. I conclude that states will comply with a more restrictive safeguard regime than that advocated by Sykes, and propose reforms to the current regime accordingly.

Guide to the WTO and GATT

Guide to the WTO and GATT PDF Author: Autar Krishen Koul
Publisher: Springer
ISBN: 9811320896
Category : Law
Languages : en
Pages : 712

Book Description
This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

Article XIX of the GATT and a New Multilateral Safeguards Agreement

Article XIX of the GATT and a New Multilateral Safeguards Agreement PDF Author: Valerie Grey
Publisher:
ISBN:
Category : Commercial policy
Languages : en
Pages : 308

Book Description