The challenge of safeguards in the WTO

Author(s)

    • Piérola, Fernando

Bibliographic Information

The challenge of safeguards in the WTO

Fernando Piérola

(Cambridge international trade and economic law)

Cambridge University Press, 2016

  • : pbk

Available at  / 2 libraries

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Note

"First published 2014. First paperback edition 2016"--T.p. verso

Includes bibliographical references (p. 369-382) and index

Description and Table of Contents

Description

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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