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Gatt Safeguards
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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 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 WTO Agreement on Safeguards by : A. O. Sykes
Download or read book The WTO Agreement on Safeguards written by A. O. Sykes and published by Oxford Commentaries on Gatt/Wt. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--Résumé de l'éditeur.
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 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 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 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 The Law and Economics of Contingent Protection in the WTO by : Petros C. Mavroidis
Download or read book The Law and Economics of Contingent Protection in the WTO written by Petros C. Mavroidis and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: All three parts [of the book] are without question extremely detailed and thorough treatises of the three different instruments of contingent protection. The case law of the DSB as well as policy proposals put forward in the Doha Round are referred to and analysed extensively. Every part of the book is an excellent and very thoughtful work on the respective instrument and will be helpful for everyone working in the field. Christoph Herrmann, Common Market Law Review Although the legal landscape is littered with literature about the WTO, antidumping, safeguards, subsidies and countervailing measures, the missing piece has been a comprehensive text tying together the law and economics of these topics. Mavroidis, Messerlin and Wauters fill this gap. The authors form an unparalleled triumvirate who successfully draw on their complementary legal-economic experiences from policymaking, practitioner expertise and academic scholarship to comprehensively examine contingent protection. In a single book, they manage to explain the economics to the lawyers, the law to the economists, and the increasing importance of contingent protection policies to everyone. Chad P. Bown, Brandeis University, US The new book by Petros Mavroidis, Patrick Messerlin and Jasper Wauters, The Law and Economics of Contingent Protection in the WTO, fills a gap in the international trade literature by providing a comprehensive, interdisciplinary (law and economics) treatment of three of the most arcane and least well-understood trade protection regimes permitted under the GATT/WTO, i.e., anti-dumping, countervailing duties, and safeguards. The authors expertly weave together both a comprehensive and rigorous analysis of the complex legal rules and case law with an economic critique of the law governing each of these three regimes. The book is a tour de force and will become the standard reference work for scholars, policy makers, and practitioners specializing in these areas. Michael Trebilcock, University of Toronto, Canada Trade barriers that are contingent on the existence of specific conditions dumping by, or subsidization of, exporters, and injury of domestic firms have historically been used intensively by many OECD countries and are now increasingly applied by developing countries. This volume provides an excellent discussion and accessible analysis of WTO rules on contingent protection and the rapidly expanding case law. The authors have done a major service to both legal practitioners and trade policy analysts with an interest in this area. Bernard Hoekman, The World Bank, US In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements. The agreements discussed by the authors provide generally worded disciplines on Members and leave a lot of discretion to the investigating authorities of such Members. A great number of the many questions that arise in the course of a domestic trade remedies investigation are not explicitly addressed in these agreements. In such a situation, the authors highlight the important role that the judge has to play. Much like domestic investigating authorities adopt a line which is either more liberal
Book Synopsis GATT Safeguards by : David Robertson
Download or read book GATT Safeguards written by David Robertson and published by . This book was released on 1990 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Selective Safeguard Measures in Multilateral Trade Relations by : Marco C. E. J. Bronckers
Download or read book Selective Safeguard Measures in Multilateral Trade Relations written by Marco C. E. J. Bronckers and published by Springer. This book was released on 1985-06-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The WTO, Safeguards, and Temporary Protection from Imports by : Chad Philips Bown
Download or read book The WTO, Safeguards, and Temporary Protection from Imports written by Chad Philips Bown and published by . This book was released on 2006 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of theoretical and empirical papers examines the legal, economic and political justifications for the controversial use of WTO Safeguard mechanisms.
Book Synopsis GATT Rules for Emergency Protection by : David Robertson
Download or read book GATT Rules for Emergency Protection written by David Robertson and published by Trade Policy Research Centre London. This book was released on 1992 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Book Synopsis Domestic Interests and International Obligations by : Irving B. Kravis
Download or read book Domestic Interests and International Obligations written by Irving B. Kravis and published by University of Pennsylvania Press. This book was released on 2017-01-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
