WTO Agreement on Safeguards A Commentary

Innbundet / 2006 / Engelsk

Produktdetaljer

ISBN13
9780199277407
Publisert
2006
Utgiver
Vendor
Oxford University Press
Aldersnivå
06, P
Språk
Product language
Engelsk
Format
Product format
Innbundet
Sider
392
Vekt
660 gr
Høyde
242 mm
Bredde
164 mm
Tykkelse
26 mm
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WTO Agreement on Safeguards A Commentary

Innbundet / 2006 / Engelsk
This book provides a thorough treatment of the legal, economic, and policy issues associated with safeguard measures in the WTO system. It includes a careful treatment of the history of safeguard measures under GATT, and the impetus for the Agreement on Safeguards during the Uruguay Round. It reviews the economic arguments for and against safeguard measures, including the modern political economy account of safeguards and "escape clauses" in international agreements. Subsequent chapters focus on the key legal issues associated with the use of safeguards, including the procedural requirements, the obligation to demonstrate unforeseen developments and increased imports, the concept of "serious injury," the puzzling causation test, and limitations on the scope of safeguard measures including non-discrimination principles. All of the safeguard decisions within the WTO dispute system are thoroughly dissected and analysed. Included as appendices are the relevant treaty text and the pertinent national legislation of the United States and European Union.
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The protection of troubled industries against import surges, called safeguard measures under WTO law, are controversially justified on the basis of economic concerns. This book reviews the economic literature bearing on the soundness of safeguard policies, addressing the legal issues relating to the constraints on safeguard measures under WTO law.
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1. Introduction ; 2. The Evolution of Safeguard Measures in the WTO/GATT System: An Overview ; 3. Economic Policy Considerations ; 4. Preliminary Issues in WTO Safeguards Disputes: Burden of Proof, Standard of Review, and the "Record" on Appeal ; 5. Procedural Obligations in the Agreement on Safeguards ; 6. "Unforeseen Developments" and "The Effect of the Obligations Incurred" ; 7. The Requirement of Increased Imports ; 8. Serious Injury, Threat and Industry Definition ; 9. The Causation and "Non-Attribution" Requirements ; 10. Permissible Measures and Their Duration ; 11. Compensation, Retaliation and the Prohibition of Grey-Area Measures ; 12. Conclusion: The Central Issues Ahead
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Sykes's incisive, direct, and effective style of writing and his sound substantive knowledge of the law and economics of safeguards make this book an intellectual pleasure to read. * Jasper M. Wauters, World Trade Review, Vol 7/4 *Sykes presents readers with a book that masterfully combines accessible language with depth of analysis and cogent argumentation with respect to a crucial topic of international trade law. The multi-disciplinary approach is key in creating the added value. The close connections with antidumping and subsidy/countervailing duty law further make Sykes' commentary a necessary reading for anybody interested in the law, economics and politics of trade remedies and subsidy control. * Luca Rubini, KLQ *
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Alan Sykes received his law degree from Yale University in 1982, and his Ph.D. in economics from Yale in 1987. He was in private practice in Washington, D.C. at the law firm of Arnold in Porter from 1982-86, specializing in international trade matters, including escape clause cases under U.S. law. He joined the University of Chicago faculty in 1986, and became the Frank and Bernice Greenberg Professor in 1996. His principal research interest is international trade, on which he has published numerous books and articles. His books include Product Standards for internationally Integrated Goods Markets (Brookings 1995), and Legal Problems of International Economic Relations (West 2002), co-authored with John H. Jackson and William J. Davey.
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Produktdetaljer

ISBN13
9780199277407
Publisert
2006
Utgiver
Vendor
Oxford University Press
Aldersnivå
06, P
Språk
Product language
Engelsk
Format
Product format
Innbundet
Sider
392
Vekt
660 gr
Høyde
242 mm
Bredde
164 mm
Tykkelse
26 mm
Se alle
Forfatter