The Evolution of Safeguard Measures in the WTO/GATT System: An Overview (2024)

The WTO Agreement on Safeguards: A Commentary

Alan O Sykes

Published:

2006

Online ISBN:

9780191773372

Print ISBN:

9780199277407

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The WTO Agreement on Safeguards: A Commentary

Alan O Sykes

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Alan O Sykes

Alan O Sykes

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1–33

  • Published:

    September 2006

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Sykes, Alan O, 'The Evolution of Safeguard Measures in the WTO/GATT System: An Overview', The WTO Agreement on Safeguards: A Commentary, Oxford Commentaries on GATT/WTO Agreements (2006; online edn, Oxford Academic), https://doi.org/10.1093/law/9780199277407.003.0001, accessed 17 Aug. 2024.

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The law of safeguards measures in the WTO/GATT system originates with Article XIX of the original GATT. With the creation of the WTO in 1994, Article XIX was supplemented, but not replaced, by the Agreement on Safeguards, so that safeguard measures must now comply with both sets of obligations.

This chapter reviews the evolution of safeguards policy in the history of the WTO/GATT system, from its origins in the preparatory work for GATT to the modifications in law and practice that accompanied the WTO Agreement on Safeguards. It stresses the deficiencies in the original structure of GATT Article XIX that became glaring with the passage of time, the drift of the GATT system away from formal reliance on GATT-legal safeguard measures toward “grey-area” substitutes, and the resulting effort to restore legal discipline over protection for troubled industries during the Uruguay Round through negotiations that led to the Agreement on Safeguards. The chapter also affords an introduction to the basic legal obligations of GATT Article XIX and the Agreement on Safeguards, with more detailed analysis of particular legal issues to follow in Chapters 3–10.

Keywords: World Trade Organization, Safeguards, Tariffs, Specific trade agreements, Most-favoured-nation treatment (MFN), Goods, Developing countries, Development, Technical barriers to trade

Subject

International Economic Law Arbitration Economic Development Development Studies International Trade Law of Treaties

Series

Oxford Commentaries on GATT/WTO Agreements

Collection: Oxford Scholarly Authorities on International Law

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