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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The WTO Agreement on Safeguards: A Commentary

ISBN13: 9780199277407
ISBN: 0199277400
Published: September 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £132.50

Despatched in 7 to 9 days.

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 nullescape clausesnull 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 nullserious injury,null 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.

International Trade
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. nullUnforeseen Developmentsnull and nullThe Effect of the Obligations Incurred
7. The Requirement of Increased Imports
8. Serious Injury, Threat and Industry Definition
9. The Causation and nullNon-Attributionnull Requirements
10. Permissible Measures and Their Duration
11. Compensation, Retaliation and the Prohibition of Grey-Area Measures
12. Conclusion: The Central Issues Ahead

Series: Oxford Commentaries on GATT/WTO Agreements

The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary ISBN 9780199563869
Published February 2009
Oxford University Press
The WTO Agreement on Agriculture: A Commentary ISBN 9780199275687
Published November 2006
Oxford University Press
The WTO Anti-Dumping Agreement: A Commentary ISBN 9780199277070
Published December 2005
Oxford University Press