WTO Safeguards and Trade Liberalization

WTO Safeguards and Trade Liberalization

Author: Elías Baracat

Publisher: World Bank Publications

Published: 2005

Total Pages: 37

ISBN-13:

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Abstract: The footwear case provides an example of the complexities of World Trade Organization (WTO) rules on the use of safeguards, and of the interaction of multilateral and regional processes of liberalization. As a result both of Argentina's unilateral liberalization and the removal of barriers within Mercosur, imports of footwear increased rapidly. As Mercosur provides no intra-regional safeguard mechanism, the government of Argentina responded by applying import relief and WTO safeguards against third countries. The WTO Dispute Settlement Body addressed these measures and as a consequence, Argentina dismantled most of them, leading to four main conclusions: The jurisprudence of the WTO's Appellate Body has created serious uncertainty as to when a country can use safeguards. This does not contribute to the political balance that has to be maintained when developing countries implement trade liberalization programs. In fact, it detracts from this crucial goal. It is an error to negotiate ambiguous multilateral agreements on the expectation that the WTO Dispute Settlement mechanism will clarify them. An overvalued currency heightened the industry's problems. In the case of footwear, the decline in imports following the recent devaluation was more important than that following the implementation of earlier relief measures. The political economy of liberalization also indicates the need for regional agreements to include adequate transition mechanisms that will facilitate adjustment to free trade and to maintain support for it.


WTO Safeguards and Trade Liberalization

WTO Safeguards and Trade Liberalization

Author: El??as Baracat

Publisher:

Published: 2012

Total Pages:

ISBN-13:

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The footwear case provides an example of the complexities of World Trade Organization (WTO) rules on the use of safeguards, and of the interaction of multilateral and regional processes of liberalization. As a result both of Argentina's unilateral liberalization and the removal of barriers within Mercosur, imports of footwear increased rapidly. As Mercosur provides no intra-regional safeguard mechanism, the government of Argentina responded by applying import relief and WTO safeguards against third countries. The WTO Dispute Settlement Body addressed these measures and as a consequence, Argentina dismantled most of them, leading to four main conclusions: The jurisprudence of the WTO's Appellate Body has created serious uncertainty as to when a country can use safeguards. This does not contribute to the political balance that has to be maintained when developing countries implement trade liberalization programs. In fact, it detracts from this crucial goal. It is an error to negotiate ambiguous multilateral agreements on the expectation that the WTO Dispute Settlement mechanism will clarify them. An overvalued currency heightened the industry's problems. In the case of footwear, the decline in imports following the recent devaluation was more important than that following the implementation of earlier relief measures. The political economy of liberalization also indicates the need for regional agreements to include adequate transition mechanisms that will facilitate adjustment to free trade and to maintain support for it.


WTO Safeguards and Trade Liberalization

WTO Safeguards and Trade Liberalization

Author: Elias Baracat

Publisher:

Published: 2005

Total Pages: 0

ISBN-13:

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The footwear case provides an example of the complexities of WTO rules on the use of safeguards, and of the interaction of multilateral and regional processes of liberalization. As a result of Argentina's trade liberalization policies, footwear imports increased rapidly. The WTO DSB addressed these measures and as a consequence, Argentina had to dismantle most of them. The events support the following conclusions: - The jurisprudence of the WTO's Appellate Body, has created serious uncertainty as to when a country can use safeguards. This does not contribute to the political balance that is crucial when developing countries implement liberalization policies. - It is an error to negotiate ambiguous multilateral agreements on the expectation that the WTO Dispute Settlement mechanism will later clarify them. - An overvalued currency heightened the industry's problems. The decline in imports following the recent devaluation was more important than that following the implementation of earlier relief measures. - Mercosur Members should have created an adjustment-smoothing instrument.


Safeguards and Antidumping in Latin American Trade Liberalization

Safeguards and Antidumping in Latin American Trade Liberalization

Author: J. Michael Finger

Publisher: World Bank Publications

Published: 2005-12-05

Total Pages: 312

ISBN-13: 0821363093

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Until the 1990s, the main users of safeguards and antidumping laws were Australia, Canada, the European Union, and the United States. Since then, many countries have implemented such laws, leading to a proliferation in antidumping and safeguard activity across the world. This timely book documents the political economy surrounding the implementation of these laws in seven Latin American countries and provides details on the institutions created, implementation of the laws, and subsequent activity. It finds that, in the larger political context, antidumping and safeguards are a necessary quid pro quo to certain important sectors to obtain much more liberalized trade policies for the general economy.


Safeguard Measures in World Trade

Safeguard Measures in World Trade

Author: Yong-Shik Lee

Publisher: Kluwer Law International B.V.

Published: 2005-01-01

Total Pages: 290

ISBN-13: 9041123768

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Among restrictions on imports, safeguard measures are particularly controversial in that they are invoked in the absence of any unfair trade practice. Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the WTO. Recent WTO cases have brought the attention of trade lawyers to the absence of comprehensive materials on this complex subject, and highlighted the need for a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps the world's foremost authority on safeguard measures, has provided such a guide, here updated in its second edition. Readers may expect from this book comprehensive coverage on safeguards to date with legal analysis of the important issues in the interpretation and application of the current rules on safeguards. The author also proposes modifications to enhance and clarify the discipline of safeguards. The crucial issues raised include the following: economic and political justifications of safeguards;applicability of GATT Article XIX;interpretation and application of the Agreement on Safeguards, including non-discriminatory application of safeguards and justification of safeguards-in-response;transitional product-specific safeguard measures against China; andemergency safeguards to trade in services. The focus of the book is on the WTO Agreement on Safeguards, as interpreted by WTO Panel and Appellate Body reports in key cases, including Korea Dairy Products, Argentina Footwear, United States Wheat Glutten, United States Lamb Meat, Chile Price Band System, United States Line Pipe and United States Steel Products. Dr. Lee summarizes the various key findings and provides lucid and well-balanced analysis of these reports. Other WTO rules considered include GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and Clothing; Article XII of the General Agreement on Trade in Services (GATS); and the Protocol on the Accession of the People's Republic of China. Safeguard Measures in World Trade comes at a time when safeguard measures continue to mount in various parts of the world and a possible domino effect can destabilize the international trading system. It will be of inestimable value to government officials, trade lawyers, international business people, and academics in trade law and related fields.


The WTO Agreement on Safeguards

The WTO Agreement on Safeguards

Author: A. O. Sykes

Publisher: Oxford Commentaries on Gatt/Wt

Published: 2006

Total Pages: 0

ISBN-13: 9780199277407

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"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."--Résumé de l'éditeur.


Essentials of WTO Law

Essentials of WTO Law

Author: Peter Van den Bossche

Publisher: Cambridge University Press

Published: 2016-04-02

Total Pages: 349

ISBN-13: 1107638933

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This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.


Political Economy of Antidumping and Safeguards in Argentina

Political Economy of Antidumping and Safeguards in Argentina

Author: Julio J. Nogués

Publisher: World Bank Publications

Published: 2005

Total Pages: 41

ISBN-13:

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Abstract: "Beginning in the late 1980s, Argentina implemented a series of reforms that were revolutionary in speed and scope, including trade liberalization. After the implementation of these policies, a record number of antidumping petitions came forward. Under a situation of high inflation, the government reinforced its fiscal and monetary policies by announcing that it would minimize the use of such measures. The flexible disciplines of the existing domestic antidumping regulations facilitated this objective. Later, when the GATT/WTO-sanctioned trade remedies were implemented, the government made a serious attempt to establish discipline by including liberal regulations and creating special institutional arrangements. A presumption built into the construction of the new mechanisms was that adhering to WTO requirements would strengthen the resistance against protection. This presumption turned out to be false. Changing circumstances, including severe peso overvaluation, had significant effects on the number and outcome of antidumping investigations. Regarding safeguards, the government followed the letter and the spirit of the WTO agreement. In relation to the number of petitions, few measures have been implemented. Rejections were based on a concern for consumer costs and on failure of the industry seeking protection to provide a convincing modernization plan. This, plus the fact that some cases were brought to the WTO Dispute Settlement Body, have made safeguards a less attractive instrument for protection-seekers than antidumping. An important positive side of the story is that unlike previous balance of payments adjustments, in spite of the major crisis that followed the recent devaluation, the hard-won liberalization has been maintained."--World Bank web site.


The Challenge of Safeguards in the WTO

The Challenge of Safeguards in the WTO

Author: Fernando Piérola

Publisher: Cambridge University Press

Published: 2014-09-08

Total Pages: 419

ISBN-13: 110707178X

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