Wto Agreement On Safeguards And Article Xix Of Gatt
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Wto Agreement On Safeguards And Article Xix Of Gatt
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Author : Fernando Piérola-Castro
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-16
Wto Agreement On Safeguards And Article Xix Of Gatt written by Fernando Piérola-Castro and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-16 with Law categories.
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
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Author : Yong-Shik Lee
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Safeguard Measures In World Trade written by Yong-Shik Lee and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
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
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Author : Sheela Rai
language : en
Publisher: Routledge
Release Date : 2011-05-11
Recognition And Regulation Of Safeguard Measures Under Gatt Wto written by Sheela Rai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-11 with Business & Economics categories.
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. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Gatt Safeguards
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Author : Jorge F. Pérez-López
language : en
Publisher:
Release Date : 1987
Gatt Safeguards written by Jorge F. Pérez-López and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Foreign trade regulation categories.
The Wto Safeguards And Temporary Protection From Imports
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Author : Chad Philips Bown
language : en
Publisher:
Release Date : 2006
The Wto Safeguards And Temporary Protection From Imports written by Chad Philips Bown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Foreign trade regulation categories.
This collection of theoretical and empirical papers examines the legal, economic and political justifications for the controversial use of WTO Safeguard mechanisms.
The Challenge Of Safeguards In The Wto
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Author : Fernando Piérola
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-08
The Challenge Of Safeguards In The Wto written by Fernando Piérola and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-08 with Business & Economics categories.
This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.
Wto Safeguards And Trade Liberalization
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Author : Elías Baracat
language : en
Publisher: World Bank Publications
Release Date : 2005
Wto Safeguards And Trade Liberalization written by Elías Baracat and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Appellate Body categories.
Abstract: The footwear case provides an example of the complexities of World Trade Organization (WTO) rules on the use of safeguards, and of the interaction of multilateral and regional processes of liberalization. As a result both of Argentina's unilateral liberalization and the removal of barriers within Mercosur, imports of footwear increased rapidly. As Mercosur provides no intra-regional safeguard mechanism, the government of Argentina responded by applying import relief and WTO safeguards against third countries. The WTO Dispute Settlement Body addressed these measures and as a consequence, Argentina dismantled most of them, leading to four main conclusions: The jurisprudence of the WTO's Appellate Body has created serious uncertainty as to when a country can use safeguards. This does not contribute to the political balance that has to be maintained when developing countries implement trade liberalization programs. In fact, it detracts from this crucial goal. It is an error to negotiate ambiguous multilateral agreements on the expectation that the WTO Dispute Settlement mechanism will clarify them. An overvalued currency heightened the industry's problems. In the case of footwear, the decline in imports following the recent devaluation was more important than that following the implementation of earlier relief measures. The political economy of liberalization also indicates the need for regional agreements to include adequate transition mechanisms that will facilitate adjustment to free trade and to maintain support for it.
Wto Trade Remedies
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Author : Peter-Tobias Stoll
language : en
Publisher: BRILL
Release Date : 2008-06-25
Wto Trade Remedies written by Peter-Tobias Stoll and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-25 with Business & Economics categories.
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
The Wto Agreement On Safeguards
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Author : A. O. Sykes
language : en
Publisher:
Release Date : 2006
The Wto Agreement On Safeguards written by A. O. Sykes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Foreign trade regulation categories.
"The protection of troubled industries against import surges called safeguard measures under WTO law, are controversially justified on the basis of economic concerns. This book reviews the economic literature bearing on the soundness of safeguard policies."--[Source inconnue].
Theoretical Rationales For The Wto Safeguard Regime
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Author : Robert Alexander Rastorp
language : en
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
Release Date : 2004
Theoretical Rationales For The Wto Safeguard Regime written by Robert Alexander Rastorp and has been published by Library and Archives Canada = Bibliothèque et Archives Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Foreign trade regulation categories.
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.