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Imposition of Safeguard Measures and Unforeseen Developments

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  • Sheela Rai

Abstract

WTO has certain protective clauses which allow the Members to provide their domestic industry temporary respite from the rigors of free market. Provision for safeguard measures under Article XIX of the GATT 1994 and the Agreement on Safeguards is one such provision that allows Members to restrict imports if there is serious injury to the domestic industry because of increase in imports. However, as held by the Appellate Body, it needs to be proved that increase in imports has been the result of unforeseen developments. The article critically analyzes the provision of unforeseen developments as interpreted by the Appellate Body and then examines whether the decision of the Appellate Body was correct in the light of the negotiating process.

Suggested Citation

  • Sheela Rai, 2007. "Imposition of Safeguard Measures and Unforeseen Developments," Foreign Trade Review, , vol. 41(4), pages 48-69, January.
    • Handle: RePEc:sae:fortra:v:41:y:2007:i:4:p:48-69
    DOI: 10.1177/0015732515070402
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