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The WTO Agreement on Safeguards: A Commentary

Author

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  • Sykes, Alan O.

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

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.

Suggested Citation

  • Sykes, Alan O., 2006. "The WTO Agreement on Safeguards: A Commentary," OUP Catalogue, Oxford University Press, number 9780199277407.
    • Handle: RePEc:oxp:obooks:9780199277407
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    Cited by:

    1. Productivity Commission, 2008. "Safeguards Inquiry into the Import of Pigmeat," Inquiry Reports, Productivity Commission, Government of Australia, number 44.
    2. 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.
    3. Mostafa Beshkar, 2016. "Arbitration and Renegotiation in Trade Agreements," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(3), pages 586-619.
    4. Mostafa Beshkar, 2014. "Arbitration and Renegotiation in Trade Agreements," Caepr Working Papers 2014-004, Center for Applied Economics and Policy Research, Economics Department, Indiana University Bloomington.
    5. James C. Hartigan, 2015. "It’s baaaack— zeroing, the US Department of Commerce, and US — Shrimp II (Viet Nam)," RSCAS Working Papers 2015/67, European University Institute.
    6. Bernard Hoekman & Petros Mavroidis, 2023. "Reassessing the Safeguards Mess," RSCAS Working Papers 2023/14, European University Institute.
    7. Cristina Herghelegiu & Luca Rubini, 2020. "‘Where have all the distortions gone?’ Appellate Body Report, Ukraine – Ammonium Nitrate, WT/DS493/AB," RSCAS Working Papers 2020/99, European University Institute.
    8. Beshkar, Mostafa, 2009. "Trade skirmishes and safeguards: A theory of the WTO Dispute Settlement Process," WTO Staff Working Papers ERSD-2009-09, World Trade Organization (WTO), Economic Research and Statistics Division.
    9. Hartigan James C., 2015. "Did the Agreement on Safeguards Nullify their Use?," Global Economy Journal, De Gruyter, vol. 15(1), pages 155-172, March.
    10. Bernard Hoekman, 2020. "Trade Wars and the World Trade Organization: Causes, Consequences, and Change," Asian Economic Policy Review, Japan Center for Economic Research, vol. 15(1), pages 98-114, January.

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