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Gatt Experience With Safeguards
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Book Synopsis GATT Experience with Safeguards by : J. M. Finger
Download or read book GATT Experience with Safeguards written by J. M. Finger and published by World Bank Publications. This book was released on 1998 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: October 1998 Suggested guidelines for a safeguards process that emphasizes an import restriction's impact on the domestic economy: Domestically, who would benefit from the proposed restriction and who would lose, and by how much? And how would import-using interests be affected? Realizing that trade liberalization would require periodic adjustments because of problems in particular industries, GATT's framers provided that tariff reductions that led to such problems could be renegotiated; in an emergency a country could raise its tariff first and negotiate compensation with the principal exporting countries later. GATT lists many provisions that allow import restrictions, provisions that, over time, have proven quite fungible. Renegotiations were replaced by negotiated quantitative restraints (VERs), which were replaced by antidumping. The problem (troublesome imports) was always the same, but the instruments changed. And none of the instruments made much political or economic sense. They did not help a government isolate those import restrictions for which the benefits to the domestic economy would exceed the costs. And politically, the procedures through which renegotiations, VERs, or antidumping actions are decided provide a public tribune for interests that would benefit from protection but provide no voice for domestic interests that would bear the costs of restricted access to imports. Finger offers guidelines for a safeguards process that makes more economic and political sense: * Identify the costs and losers as well as the benefits and winners. * Be clear that the action is an exception to the principles underlying the liberalization program. Emphasize that too many such exceptions would constitute abandonment of the liberalization program and its benefits. Included in the investigation process should be an expression of the costs the proposed restriction would impose. * Don't sanctify the criteria for the action. Procedures should not presume, as antidumping does, that there is some good reason for granting exceptions. Providing a list of good reasons invites protection-seekers to demonstrate that they qualify and places the government in the position of having to demonstrate that they do not. Procedures should stress that the function of the review is to identify the benefits, costs, and domestic winners and losers from the action requested. This paper is a product of Trade, Development Research Group. The author may be contacted at [email protected].
Book Synopsis GATT Experience with Safeguards by : Joseph Michael Finger
Download or read book GATT Experience with Safeguards written by Joseph Michael Finger and published by . This book was released on 2016 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suggested guidelines for a safeguards process that emphasizes an import restriction's impact on the domestic economy: Domestically, who would benefit from the proposed restriction and who would lose, and by how much? And how would import-using interests be affected?Realizing that trade liberalization would require periodic adjustments because of problems in particular industries, GATT's framers provided that tariff reductions that led to such problems could be renegotiated; in an emergency a country could raise its tariff first and negotiate compensation with the principal exporting countries later.GATT lists many provisions that allow import restrictions, provisions that, over time, have proven quite fungible. Renegotiations were replaced by negotiated quantitative restraints (VERs), which were replaced by antidumping. The problem (troublesome imports) was always the same, but the instruments changed.And none of the instruments made much political or economic sense.They did not help a government isolate those import restrictions for which the benefits to the domestic economy would exceed the costs.And politically, the procedures through which renegotiations, VERs, or antidumping actions are decided provide a public tribune for interests that would benefit from protection but provide no voice for domestic interests that would bear the costs of restricted access to imports.Finger offers guidelines for a safeguards process that makes more economic and political sense:- Identify the costs and losers as well as the benefits and winners.- Be clear that the action is an exception to the principles underlying the liberalization program. Emphasize that too many such exceptions would constitute abandonment of the liberalization program and its benefits. Included in the investigation process should be an expression of the costs the proposed restriction would impose.- Don't sanctify the criteria for the action. Procedures should not presume, as antidumping does, that there is some good reason for granting exceptions. Providing a list of good reasons invites protection-seekers to demonstrate that they qualify and places the government in the position of having to demonstrate that they do not. Procedures should stress that the function of the review is to identify the benefits, costs, and domestic winners and losers from the action requested.This paper is a product of Trade, Development Research Group.
Book Synopsis Recognition and Regulation of Safeguard Measures Under GATT/WTO by : Sheela Rai
Download or read book Recognition and Regulation of Safeguard Measures Under GATT/WTO written by Sheela Rai and published by Routledge. This book was released on 2011-05-11 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. The book sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, and considers safeguards from a developing countries perspective drawing examining how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Book Synopsis GATT Safeguards by : Jorge F. Pérez-López
Download or read book GATT Safeguards written by Jorge F. Pérez-López and published by . This book was released on 1987 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis WTO Agreement on Safeguards and Article XIX of GATT by : Fernando Piérola-Castro
Download or read book WTO Agreement on Safeguards and Article XIX of GATT written by Fernando Piérola-Castro and published by Cambridge University Press. This book was released on 2022-06-16 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.
Book Synopsis The Challenge of Safeguards in the WTO by : Fernando Piérola
Download or read book The Challenge of Safeguards in the WTO written by Fernando Piérola and published by Cambridge University Press. This book was released on 2014-09-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.
Book Synopsis Guide to the WTO and GATT by : Autar Krishen Koul
Download or read book Guide to the WTO and GATT written by Autar Krishen Koul and published by Springer. This book was released on 2018-11-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.
Book Synopsis Recognition and Regulation of Safeguard Measures Under GATT/WTO by : Sheela Rai
Download or read book Recognition and Regulation of Safeguard Measures Under GATT/WTO written by Sheela Rai and published by Routledge. This book was released on 2011-05-11 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China. Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
Book Synopsis Safeguard Measures in World Trade by : Yong-Shik Lee
Download or read book Safeguard Measures in World Trade written by Yong-Shik Lee and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.
Book Synopsis The Role of GATT in Monitoring and Promoting Adjustment by : John Howard Jackson
Download or read book The Role of GATT in Monitoring and Promoting Adjustment written by John Howard Jackson and published by . This book was released on 1986 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Production and Trade in East Asia by : Leonard K. Cheng
Download or read book Global Production and Trade in East Asia written by Leonard K. Cheng and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Production and Trade in East Asia focuses on the profound change that the traditional paradigm of production and international trade has undergone in the last two decades or so as a result of worldwide trade and investment liberalization. This ongoing transformation has been both aided and stimulated by advances in telecommunications, transportation, and information management. The liberalization of trade and investment on the one hand and advances in communications technology on the other have further promoted global production networks in which vertical stages of final goods are fragmented across countries. International fragmentation of production, which enables international division of labor not only in final products but also in vertically related components, is more evident than ever before. The book documents the process of international production fragmentation and trade in East Asian economies, studies the mechanics of the process, explores the theory behind the phenomenon, and identifies important policy implications. It focuses on production fragmentation and trade in East Asia because this is the part of the world where the phenomenon is most visible. With contribution by well-known international economics scholars from North America, Europe, and the Asia-Pacific, the book distinguishes itself with high global quality and rich regional content. It achieves a fine balance between theory, policy, and empirical work. This book will interest scholars of international trade, foreign investment and international business, regional specialists in East Asian economies, policymakers and advisors in international economic relations, and anyone else who follows important economic issues of globalization.
Book Synopsis The Challenge of Safeguards in the WTO by : Fernando Piérola
Download or read book The Challenge of Safeguards in the WTO written by Fernando Piérola and published by Cambridge University Press. This book was released on 2014-09-08 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case.
Book Synopsis The Political Economy of the World Trading System by : Bernard M. Hoekman
Download or read book The Political Economy of the World Trading System written by Bernard M. Hoekman and published by . This book was released on 2009 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of the World Trading System is a comprehensive textbook account of the economics, institutional mechanics and politics of the world trading system. This third edition has been expanded and updated to cover developments in the World Trade Organisation (WTO) since its formation, including the Doha Round, presenting the essentials of trade negotiations and the WTO's rules and disciplines. The authors focus in particular on the WTO's role as the primary organisation through which trading nations manage their commercial interactions and the focal point for cooperation on policy responses to the rapidly changing global trading environment. It is the forum in which many features of the globalisation process are considered, and it currently faces an unprecedented set of challenges. The increasing importance of countries in Asia, Latin America and Africa in international trade relations, the revealed preference towards regionalism, intensification of trade conflicts, the role of business groups and NGOs in trade policy formation and negotiations, and pressures for more leadership in an institution threatened by paralysis are examples of issues that are discussed in some detail; all are critical for the operation of the system and for international business in the coming decade. This edition also includes numerous real-world examples to illustrate how the WTO impinges on business, workers and households, written from the perspective of managers and business associations. An insider's view of the institutional history of the WTO allows the authors to use a variety of conceptual tools to analyse the working of the WTO in a non-technical manner. Suggestions for Further Reading at the end of each chapter and an extensive bibliography make the volume suitable both for introductory and postgraduate courses on international economics and business, international relations, and international economic law.
Book Synopsis The EU, World Trade Law and the Right to Food by : Giovanni Gruni
Download or read book The EU, World Trade Law and the Right to Food written by Giovanni Gruni and published by Bloomsbury Publishing. This book was released on 2018-08-09 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.
Book Synopsis The Uruguay Round and the Developing Countries by : Will Martin
Download or read book The Uruguay Round and the Developing Countries written by Will Martin and published by Cambridge University Press. This book was released on 1996-12-12 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The shift in orientation toward relatively open trading systems was reflected in the attitudes and participation of developing countries in the Uruguay Round. They involved themselves fully in formulating the rules of the new trading system, and also made significant offers both in the conventional area of reducing tariff protection on manufactures trade, and in the "new" areas, such as trade in services, trade in agriculture, and trade-related intellectual property.
Author :Robert Alexander Rastorp Publisher :Library and Archives Canada = Bibliothèque et Archives Canada ISBN 13 : Total Pages :254 pages Book Rating :4.:/5 (318 download)
Book Synopsis Theoretical Rationales for the WTO Safeguard Regime by : Robert Alexander Rastorp
Download or read book Theoretical Rationales for the WTO Safeguard Regime written by Robert Alexander Rastorp and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines Article XIX of the General Agreement on Tariffs and Trade, the "safeguard" provision, which allows states that experience an unexpected disruption or downturn in a domestic industry, caused by increased imports resulting from GATT trade concessions, to temporarily suspend, on a non-discriminatory basis, the GATT obligations that caused the disruption. Alan O. Sykes, based on his application of public choice theory to the behaviour of the signatory states, has argued that the safeguard provision is a necessary component of the GATT, since without it states would have lacked the incentives to enter into the GATT, and the present agreement would unravel. By contrast, I analyze rationales for the safeguard regime from a 'two-level game' perspective, incorporating international as well as domestic incentives. I conclude that states will comply with a more restrictive safeguard regime than that advocated by Sykes, and propose reforms to the current regime accordingly.
Download or read book Journal of World Trade Law written by and published by . This book was released on 2006-08 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
