GATT Experience with Safeguards

GATT Experience with Safeguards PDF Author: J. M. Finger
Publisher: World Bank Publications
ISBN:
Category : Acuerdos arancelarios
Languages : en
Pages : 34

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Book Description
October 1998 Suggested guidelines for a safeguards process that emphasizes an import restriction's impact on the domestic economy: Domestically, who would benefit from the proposed restriction and who would lose, and by how much? And how would import-using interests be affected? Realizing that trade liberalization would require periodic adjustments because of problems in particular industries, GATT's framers provided that tariff reductions that led to such problems could be renegotiated; in an emergency a country could raise its tariff first and negotiate compensation with the principal exporting countries later. GATT lists many provisions that allow import restrictions, provisions that, over time, have proven quite fungible. Renegotiations were replaced by negotiated quantitative restraints (VERs), which were replaced by antidumping. The problem (troublesome imports) was always the same, but the instruments changed. And none of the instruments made much political or economic sense. They did not help a government isolate those import restrictions for which the benefits to the domestic economy would exceed the costs. And politically, the procedures through which renegotiations, VERs, or antidumping actions are decided provide a public tribune for interests that would benefit from protection but provide no voice for domestic interests that would bear the costs of restricted access to imports. Finger offers guidelines for a safeguards process that makes more economic and political sense: * Identify the costs and losers as well as the benefits and winners. * Be clear that the action is an exception to the principles underlying the liberalization program. Emphasize that too many such exceptions would constitute abandonment of the liberalization program and its benefits. Included in the investigation process should be an expression of the costs the proposed restriction would impose. * Don't sanctify the criteria for the action. Procedures should not presume, as antidumping does, that there is some good reason for granting exceptions. Providing a list of good reasons invites protection-seekers to demonstrate that they qualify and places the government in the position of having to demonstrate that they do not. Procedures should stress that the function of the review is to identify the benefits, costs, and domestic winners and losers from the action requested. This paper is a product of Trade, Development Research Group. The author may be contacted at [email protected].

GATT Experience with Safeguards

GATT Experience with Safeguards PDF Author: J. M. Finger
Publisher: World Bank Publications
ISBN:
Category : Acuerdos arancelarios
Languages : en
Pages : 34

Get Book Here

Book Description
October 1998 Suggested guidelines for a safeguards process that emphasizes an import restriction's impact on the domestic economy: Domestically, who would benefit from the proposed restriction and who would lose, and by how much? And how would import-using interests be affected? Realizing that trade liberalization would require periodic adjustments because of problems in particular industries, GATT's framers provided that tariff reductions that led to such problems could be renegotiated; in an emergency a country could raise its tariff first and negotiate compensation with the principal exporting countries later. GATT lists many provisions that allow import restrictions, provisions that, over time, have proven quite fungible. Renegotiations were replaced by negotiated quantitative restraints (VERs), which were replaced by antidumping. The problem (troublesome imports) was always the same, but the instruments changed. And none of the instruments made much political or economic sense. They did not help a government isolate those import restrictions for which the benefits to the domestic economy would exceed the costs. And politically, the procedures through which renegotiations, VERs, or antidumping actions are decided provide a public tribune for interests that would benefit from protection but provide no voice for domestic interests that would bear the costs of restricted access to imports. Finger offers guidelines for a safeguards process that makes more economic and political sense: * Identify the costs and losers as well as the benefits and winners. * Be clear that the action is an exception to the principles underlying the liberalization program. Emphasize that too many such exceptions would constitute abandonment of the liberalization program and its benefits. Included in the investigation process should be an expression of the costs the proposed restriction would impose. * Don't sanctify the criteria for the action. Procedures should not presume, as antidumping does, that there is some good reason for granting exceptions. Providing a list of good reasons invites protection-seekers to demonstrate that they qualify and places the government in the position of having to demonstrate that they do not. Procedures should stress that the function of the review is to identify the benefits, costs, and domestic winners and losers from the action requested. This paper is a product of Trade, Development Research Group. The author may be contacted at [email protected].

Recognition and Regulation of Safeguard Measures Under GATT/WTO

Recognition and Regulation of Safeguard Measures Under GATT/WTO PDF Author: Sheela Rai
Publisher: Routledge
ISBN: 1136702954
Category : Business & Economics
Languages : en
Pages : 261

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Book Description
This book discusses the law of safeguard measures as laid down in the WTO agreements and cases decided by the Panel and the Appellate Body. The book sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, and considers safeguards from a developing countries perspective drawing examining how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.

WTO Agreement on Safeguards and Article XIX of GATT

WTO Agreement on Safeguards and Article XIX of GATT PDF Author: Fernando Piérola-Castro
Publisher: Cambridge University Press
ISBN: 1108655734
Category : Law
Languages : en
Pages : 827

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Book Description
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.

GATT Safeguards

GATT Safeguards PDF Author: Jorge F. Pérez-López
Publisher:
ISBN:
Category : Foreign trade regulation
Languages : en
Pages : 120

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Book Description


Guide to the WTO and GATT

Guide to the WTO and GATT PDF Author: Autar Krishen Koul
Publisher: Springer
ISBN: 9811320896
Category : Law
Languages : en
Pages : 712

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Book Description
This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense debate over important matters that remain unsettled. Topics covered include the WTO dispute settlement mechanism; the General Agreement on Trade in Services (OATS); the Agreement on Trade-Related Investment Measures (TRIMS); intellectual property rights – the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); areas still covered by the General Agreement on Tariffs and Trade (GATT) 1947; the Most Favoured Nation (MFN) concept; special provisions relating to agriculture and textiles; sanitary and phytosanitary measures; technical barriers to trade; pre-shipment inspection; and import licensing procedures. The book would be an excellent resource for scholars as well as practitioners working in the field of international arbitration and trade laws.

The Challenge of Safeguards in the WTO

The Challenge of Safeguards in the WTO PDF Author: Fernando Piérola
Publisher: Cambridge University Press
ISBN: 110707178X
Category : Business & Economics
Languages : en
Pages : 419

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

Safeguards and Antidumping in Latin American Trade Liberalization

Safeguards and Antidumping in Latin American Trade Liberalization PDF Author: J. Michael Finger
Publisher: World Bank Publications
ISBN: 0821363093
Category : Business & Economics
Languages : en
Pages : 312

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Book Description
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.

The World Trade Organization

The World Trade Organization PDF Author: International Trade Law Center
Publisher: Springer Science & Business Media
ISBN: 0387226885
Category : Law
Languages : en
Pages : 3142

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Book Description
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.

Antidumping and Safeguard Mechanisms

Antidumping and Safeguard Mechanisms PDF Author: Honorio Kume
Publisher: World Bank Publications
ISBN:
Category :
Languages : en
Pages : 35

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Book Description
The paper concludes that in comparison to other countries that are important users of the AD mechanism, the Brazilian experience reveals two interesting features: (1) a relatively small rate of final positive determinations, and (2) a tradition of applying antidumping duties in amounts that on average have been quite lower than the full dumping margins.

The Challenge of Safeguards in the WTO

The Challenge of Safeguards in the WTO PDF Author: Fernando Piérola
Publisher: Cambridge University Press
ISBN: 1316061892
Category : Law
Languages : en
Pages : 419

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Book Description
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.