The WTO Agreement on Safeguards A Commentary

Author: Alan Sykes
Publisher: Oxford University Press
ISBN: 9780199277407
Published In: September 2006
Format: Hardback , 392 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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A complete review and exposition of the economics of safeguard measures
Extensive discussion of the causation test under WTO law and options for the future evolution of the law
Appendices contain relevant text from WTO and national law
A valuable guide to the law and policy of WTO safeguards for teachers of international trade law

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 of safeguard 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 European Union.

Readership: WTO delegations, legal practitioners, academics, advanced scholars, economists, and policymakers interested in the legal and economic policy questions associated with WTO safeguard measures

1: Introduction
2: The Evolution of Safeguard Measures in the WTO/GATT System: An Overview
3: Economic Policy Considerations
4: Preliminary Issues in WTO Safeguards Disputes: Burden of Proof, Standard of Review, and the "Record" on Appeal
5: Procedural Obligations in the Agreement on Safeguards
6: "Unforeseen Developments" and "The Effect of the Obligations Incurred"
7: The Requirement of Increased Imports
8: Serious Injury, Threat and Industry Definition
9: The Causation and "Non-Attribution" Requirements
10: Permissible Measures and Their Duration
11: Compensation, Retaliation and the Prohibition of Grey-Area Measures
12: Conclusion: The Central Issues Ahead

Alan O. Sykes, Frank and Bernice Greenberg Professor of Law, University of Chicago

"Sykes's incisive, direct, and effective style of writing and his sound substantive knowledge of the law and economics of safeguards make this book an intellectual pleasure to read." - Jasper M. Wauters, World Trade Review, Vol 7/4

"Sykes presents readers with a book that masterfully combines accessible language with depth of analysis and cogent argumentation with respect to a crucial topic of international trade law. The multi-disciplinary approach is key in creating the added value. The close connections with antidumping and subsidy/countervailing duty law further make Sykes' commentary a necessary reading for anybody interested in the law, economics and politics of trade remedies and subsidy control." - Luca Rubini, KLQ