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WTO Agreement on Safeguards and Article XIX of GATT
A Detailed Commentary
Offers extensive and detailed commentary on safeguards, emphasising practice and risk from an investigating authority's perspective.
Fernando Piérola-Castro (Author)
9781108484282, Cambridge University Press
Hardback, published 16 June 2022
474 pages
23.4 x 15.5 x 3.3 cm, 0.82 kg
Drawing upon Fernando Piérola-Castro's extensive experience as a WTO practitioner, this book is a comprehensive and up-to-date overview of safeguard measures. With each chapter exploring a different provision of the agreement, it explores the relevant rules and procedures that govern safeguard investigations, the imposition of measures, the question of consultations and rebalancing and the multilateral transparency requirements of notification. Grounded in relevant case law, this book emphasises practice, logistics and risk management. Without focussing on the practice of any particular jurisdiction, it offers a general framework that can be applied to several domestic laws. It is a practical manual with the view of assisting in day-to-day problems in the handling of safeguard matters.
1. General provision
2. Conditions
3. Investigation
4. Determination of serious injury or threat of serious injury
5. Application of safeguard measures
6. Provisional measures
7. Duration and review of safeguard measures
8. Level of concessions and other obligations
9. Developing country members
10. Pre-existing article XIX measures
11. Prohibition and elimination of certain measures
12. Notification and consultations
13. Surveillance
14. Dispute settlement.
Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], Settlement of international disputes [LBH], International economic & trade law [LBBM]