The Challenge of Safeguards in the WTO [Paperback]

This practical text on the handling of investigations and safeguards includes a comprehensive historical and conceptual overview.Providing a detailed overview of the questions which arise in safeguard investigations, The Challenge of Safeguards in the WTO will assist trade specialists, trade lawyers and students of international trade or international law who wish to understand how the WTO safeguard mechanism operates.Providing a detailed overview of the questions which arise in safeguard investigations, The Challenge of Safeguards in the WTO will assist trade specialists, trade lawyers and students of international trade or international law who wish to understand how the WTO safeguard mechanism operates.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; Conlƒ’