Author : Chad Philips Bown
Publisher :
Page : 560 pages
File Size : 15,44 MB
Release : 2006
Category : Foreign trade regulation
ISBN :
This collection of theoretical and empirical papers examines the legal, economic and political justifications for the controversial use of WTO Safeguard mechanisms.
Author : Yong-Shik Lee
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 15,15 MB
Release : 2005-01-01
Category : Law
ISBN : 9041123768
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.
Author : A. O. Sykes
Publisher :
Page : 67 pages
File Size : 33,42 MB
Release : 2004
Category : Foreign trade regulation
ISBN :
The recent WTO dispute between the United States and eight complainant nations over protective measures for the steel industry brought widespread attention to a little known area of WTO law - the rules governing 'safeguard measures, ' the temporary protection of troubled industries against import surges. The use of safeguard measures is normatively controversial, although their welfare implications are much less clear than their critics sometimes suggest. This paper makes the point that WTO rules, as interpreted by recent Appellate Body decisions and applied by the dispute panel in the steel case, pose nearly insurmountable hurdles to the legal use of safeguard measures by WTO members. Among other things, the current interpretation of the 'nonattribution' requirement for the use of safeguard measures in the WTO Safeguards Agreement obliges members to make a demonstration that is logically impossible as an economic matter. Those who believe that safeguard measures are merely wasteful protectionism may welcome such impediments to their use, but it is not obvious that the trading system will benefit in the long run, and there can be little doubt that one key objective of the Uruguay Round negotiators - to revive the use of disciplined, temporary safeguard actions - is being frustrated.
Author : A. O. Sykes
Publisher : Oxford Commentaries on Gatt/Wt
Page : 0 pages
File Size : 25,3 MB
Release : 2006
Category : Law
ISBN : 9780199277407
"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.
Author : Sheela Rai
Publisher : Routledge
Page : 316 pages
File Size : 38,66 MB
Release : 2011-05-11
Category : Business & Economics
ISBN : 1136702946
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.
Author :
Publisher :
Page : pages
File Size : 31,87 MB
Release : 2010
Category :
ISBN :
The recent WTO dispute between the United States and eight complainant nations over protective measures for the steel industry brought widespread attention to a little known area of WTO law - the rules governing `safeguard measures`, the temporary protection of troubled industries against import surges. The use of safeguard measures is normatively controversial, although their welfare implications are much less clear than their critics sometimes suggest. This paper makes the point that WTO rules, as interpreted by recent Appellate Body decisions and applied by the dispute panel in the steel case, pose nearly insurmountable hurdles to the legal use of safeguard measures by WTO members. Among other things, the current interpretation of the `nonattribution` requirement for the use of safeguard measures in the WTO Safeguards Agreement obliges members to make a demonstration that is logically impossible as an economic matter. Those who believe that safeguard measures are merely wasteful protectionism may welcome such impediments to their use, but it is not obvious that the trading system will benefit in the long run, and there can be little doubt that one key objective of the Uruguay Round negotiators - to revive the use of disciplined, temporary safeguard actions - is being frustrated.
Author : Fernando Piérola
Publisher : Cambridge University Press
Page : 419 pages
File Size : 25,18 MB
Release : 2014-09-08
Category : Business & Economics
ISBN : 110707178X
This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.
Author : Robert Alexander Rastorp
Publisher : Library and Archives Canada = Bibliothèque et Archives Canada
Page : 254 pages
File Size : 32,92 MB
Release : 2004
Category : Foreign trade regulation
ISBN :
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.
Author : Robert C. Feenstra
Publisher : University of Chicago Press
Page : 603 pages
File Size : 12,85 MB
Release : 2010-03-10
Category : Business & Economics
ISBN : 0226239721
In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.
Author : International Trade Law Center
Publisher : Springer Science & Business Media
Page : 3142 pages
File Size : 22,24 MB
Release : 2007-12-31
Category : Law
ISBN : 0387226885
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
