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The safeguards mess revisited: the fundamental problem

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  • JONES, KENT

Abstract

In the November 2003 issue of this journal, Alan Sykes describes the WTO Safeguards Agreement (SA) as ‘a mess’ (Sykes, 2003). The author sets out to show that the criteria for using safeguards protection under WTO rules, and Appellate Body (AB) decisions related to dispute settlement cases over such protection, are incoherent. Any use of protection under the SA therefore appears doomed to being struck down in a WTO challenge. The author believes that the AB could rectify this situation in the form of guidelines to make safeguards protection operational, assuming that such protection should be used in the first place.

Suggested Citation

  • Jones, Kent, 2004. "The safeguards mess revisited: the fundamental problem," World Trade Review, Cambridge University Press, vol. 3(1), pages 83-91, March.
    • Handle: RePEc:cup:wotrrv:v:3:y:2004:i:01:p:83-91_00
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    Cited by:

    1. Tadashi Ito, 2007. "NAFTA and productivity convergence between Mexico and the US," IHEID Working Papers 26-2007, Economics Section, The Graduate Institute of International Studies, revised 27 Nov 2007.
    2. Simon Schropp, Kornel Mahlstein, 2007. "The Optimal Design of Trade Policy Flexibility in the WTO," IHEID Working Papers 27-2007, Economics Section, The Graduate Institute of International Studies, revised Dec 2007.

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