The Challenge of Safeguards in the WTO

Arbitration / Mediation / Litigation › International Law

The Challenge of Safeguards in the WTO

By Fernando Pierola
Cambridge University Press July 2016

Specifications

ISBN-13
9781107419261
Publisher
Cambridge University Press
Publication
July 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

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.

Table of Contents

Introduction
Part I. Foundation of the Safeguard Mechanism: 1. History of the safeguard mechanism
2. The rationale of the safeguard mechanism
Part II. The Right to Apply a Safeguard: 3. Period of investigation and products at issue
4. Unforeseen developments and the effect of GATT obligations
5. Increase in imports
6. Serious injury
7. Causal link
Part III. Application of a Safeguard: 8. Scope of a safeguard
9. Extent of a safeguard
10. Form of a safeguard
11. Temporal application and provisional safeguards
Part IV. Procedures for the Application of Safeguards: 12. Domestic investigation
13. Multilateral proceedings
Concluding remarks.
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