The WTO Agreement on Safeguards: A Commentary

Hardcover | September 21, 2006

byAlan O. Sykes

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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 ofsafeguard 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 EuropeanUnion.

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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 agai...

Alan Sykes received his law degree from Yale University in 1982, and his Ph.D. in economics from Yale in 1987. He was in private practice in Washington, D.C. at the law firm of Arnold in Porter from 1982-86, specializing in international trade matters, including escape clause cases under U.S. law. He joined the University of Chicago ...

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Format:HardcoverDimensions:392 pages, 9.21 × 6.14 × 1.01 inPublished:September 21, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199277400

ISBN - 13:9780199277407

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Table of Contents

1. Introduction2. The Evolution of Safeguard Measures in the WTO/GATT System: An Overview3. Economic Policy Considerations4. Preliminary Issues in WTO Safeguards Disputes: Burden of Proof, Standard of Review, and the Record on Appeal5. Procedural Obligations in the Agreement on Safeguards6. Unforeseen Developments and The Effect of the Obligations Incurred7. The Requirement of Increased Imports8. Serious Injury, Threat and Industry Definition9. The Causation and Non-Attribution Requirements10. Permissible Measures and Their Duration11. Compensation, Retaliation and the Prohibition of Grey-Area Measures12. Conclusion: The Central Issues Ahead