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Dispute settlement practice on safeguard measures under the WTO

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Frame of Image TLEMENT PRACTICE ON SAFEGUARD MEASURES UNDER THE WTO
BY CHENG HU
The safeguard measure under GATT Article XIX and WTO Safeguard Agreement is an extraordinary trade remedy under emergent situations against fair trade practice. The ultimate objective of safeguard is to gradually broaden trade liberalization. Meanwhile, it is designed to facilitate structural adjustment of domestic industry and to balance the domestic political powers. Safeguard was not an instrument of choice during the GATT period, in that it should be applied on a non-discriminatory basis and requires compensation. The text of “escape clause” (GATT Article XIX) was fairly ambiguous and difficult to apply. The overwhelming use of various export restraint agreements and antidumping measures paled the significance of safeguard mechanism under the multilateral trade regime. The Uruguay Round Safeguard Agreement is a great improvement on GATT Article XIX, with strict procedural requirements, clarified substantive standards, a compromise on the issue of selectivity, and prohibition of “grey area measures”. It has been applied by an increasing frequency since the WTO came into being. However, it also embodies many unclear concepts and criteria. Several disputes were filed before the WTO Dispute Settlement Body. This paper focuses on the procedural and substantive issues extensively discussed during the panel and Appellate Body proceeding, such as terms of reference, standard of review, applicability of GATT Article


Full Text
Title Dispute settlement practice on safeguard measures under the WTO
Similar Titles
Material Type Articles
Author(English)

Hu, Cheng

Publisher

[Seoul]:KDI School of Public Policy and Management

Date 2003
Pages 111
Subject Country South Korea(Asia and Pacific)
Language English
File Type Documents
Original Format pdf
Subject Economy < Trade
Holding KDI School of Public Policy and Management

User Note

Thesis(Master)