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The WTO Agreement on Safeguards: A Commentary

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  • Sykes, Alan O.

    (Frank and Bernice Greenberg Professor of Law, University of Chicago)

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    Abstract

    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. Subsequent chapters focus on the key legal issues associated with the use of safeguards, including the procedural requirements, the obligation to demonstrate unforeseen developments and increased imports, the concept of "serious injury," the puzzling causation test, and limitations on the scope of safeguard measures including non-discrimination principles. All of the safeguard decisions within the WTO dispute system are thoroughly dissected and analysed. Included as appendices are the relevant treaty text and the pertinent national legislation of the United States and European Union.

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    Bibliographic Info

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    This book is provided by Oxford University Press in its series OUP Catalogue with number 9780199277407 and published in 2006.

    ISBN: 9780199277407
    Order: http://ukcatalogue.oup.com/product/9780199277407.do
    Handle: RePEc:oxp:obooks:9780199277407

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    Web page: http://www.oup.com/

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    Cited by:
    1. Beshkar, Mostafa, 2010. "Trade skirmishes safeguards: A theory of the WTO dispute settlement process," Journal of International Economics, Elsevier, vol. 82(1), pages 35-48, September.

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