Recognition and Regulation of Safeguard Measures Under GATT/WTO
By Sheela Rai
Routledge – 2011 – 264 pages
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. It sets out a comprehensive treatment of safeguard measures covering the history and evolution of the law, as well as the procedural requirements and the application of safeguard measures. In addition to measures under Article XIX and the Safeguards Agreement, the book includes coverage of safeguard measures for agricultural products, Special Safeguard Measures for developing countries, safeguard measures for textiles and proposed safeguard measures under General Agreement on Trade in Services (GATS) as well as special safeguard clauses against China.
Recognition and Regulation of Safeguard Measures Under GATT/WTO considers safeguards from a developing country’s perspective drawing on Joseph E. Stiglitz’s argument that developing countries require these trade remedy measures to protect their domestic industries and ensure their development. Sheela Rai considers this view and goes on to examine how beneficial the provisions relating to safeguard measures and their interpretation given by the Panel and Appellate Body have been for developing countries.
"The World Trade Organization's Agreement of Safeguards allows a government to restrict imports temporarily if increased imports are seriously injuring domestic industry. Rai explores its theory, implementation, and impacts. Among her topics are the imposition of safeguard measures and unforeseen developments, serious injury, application of safeguard measures, prohibition of grey area measures and special safeguards, textiles, the Agreement on Agriculture, and emerging safeguard measures under General Agreement on Trade in Services (GATS)."—Book News
Introduction 1. Evolution of Safeguard Measures 2. Unforeseen Developments 3.Increase in Imports 4. Serious Injury 5. Causal Link 6. Application of Safeguard Measures 7. Procedural Requirements 8. Grey Area Measures and Special Safeguard Provisions 9.Safeguard Measures for Textiles: Product Specificity 10. Safeguard Measures under Agreement on Agriculture 11. Safeguard Measures under GATS. Concluding Thoughts
Sheela Rai is Associate Professor at Hidayatullah National Law University, India.