The Challenge of Safeguards in the WTO

This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.

Fernando Piérola (Author)

9781107071780, Cambridge University Press

Hardback, published 8 September 2014

416 pages, 50 b/w illus.
23.5 x 16 x 2.7 cm, 0.73 kg

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.

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.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM], Law [L]