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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Safeguard Measures in World Trade: The Legal Analysis 3rd ed

ISBN13: 9781781956069
Previous Edition ISBN: 9041123768
Published: February 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00

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Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the World Trade Organization (WTO).

Offering detailed and extensive legal coverage of safeguard measures in world trade, this timely third edition scrutinizes this instrument, and its application, with reference to important WTO dispute-settlement cases. In addition to a thorough examination of the WTO Agreement on Safeguards, Professor Lee provides insightful interpretation of the national rules on safeguards and on safeguard provisions within regional trade agreements.

Further analysis of the transitional product-specific measures against China and emergency safeguards to trade in services serve to enrich the coverage. The book concludes with unique proposals for extensive regulatory reform. Scholars, practitioners, national policy makers, negotiators and international organizations in the field of international economic and trade law will find much of interest in this unique and authoritative study.

International Trade

Part I: Development of International Rules on Safeguards
1. Politics and Economics of Safeguard Measures
2. GATT Article XIX and Negotiations of the Agreement on Safeguards
Part II: Agreement on Safeguards
3. Article XIX and Agreement on Safeguards
4. Article 2 - General Conditions
5. Article 4 - Injury and Causation
6. Procedural Requirements
7. Application of Safeguard Measures
8. Compensation and Retaliation
9. Remaining Issues

Part III: Other Safeguard Provisions
10. Discussions on Safeguard Measures in the Service Trade: GATS Article X
11. Other Emergency Import Restrictions in the WTO
12. National/Regional Rules on Safeguards
13. Regional Trade Agreements and Safeguard Measures
Part IV: Safeguard Regime: Present and Future
14. Lessons to Remember: US Steel Safeguard Case
15. Future Perspective and Conclusion

Appendix 1. Statistics on Safeguard Measures
Appendix 2. Text of GATT Article XIX
Appendix 3. Text of the Agreement on Safeguards
Appendix 4. Proposed Modification of the Agreement on Safeguards
Appendix 5. Proposed Text of the Rules on Emergency Safeguard Measures
Appendix 6. Application of Safeguards - The Checklist