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WTO Agreement on Safeguards and Article XIX of GATT

WTO Agreement on Safeguards and Article XIX of GATT

WTO Agreement on Safeguards and Article XIX of GATT

A Detailed Commentary
Fernando Piérola-Castro, Senior Counsel, Advisory Centre on WTO Law, Geneva
September 2022
Available
Hardback
9781108484282
$244.00
USD
Hardback
USD
eBook

    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.

    • Offers provision-by-provision commentary of the WTO Agreement on Safeguards, helping readers to contextualise the relevant considerations in each of the provisions
    • Provides practical perspective of safeguard investigations, giving specific advice on how to handle procedural and logistic issues that arise in investigations
    • Offers views grounded in case law and in the manner used by WTO panels and the Appellate Body, clarifying how WTO judicial bodies should approach issues and how practitioners could avoid legal risks

    Product details

    September 2022
    Hardback
    9781108484282
    474 pages
    234 × 155 × 33 mm
    0.82kg
    Available

    Table of Contents

    • 1. General provision
    • 2. Conditions
    • 3. Investigation
    • 4. Determination of serious injury or threat of serious injury
    • 5. Application of safeguard measures
    • 6. Provisional measures
    • 7. Duration and review of safeguard measures
    • 8. Level of concessions and other obligations
    • 9. Developing country members
    • 10. Pre-existing article XIX measures
    • 11. Prohibition and elimination of certain measures
    • 12. Notification and consultations
    • 13. Surveillance
    • 14. Dispute settlement.
      Author
    • Fernando Piérola-Castro , Senior Counsel, Advisory Centre on WTO Law, Geneva

      Fernando Piérola-Castro is an international lawyer and arbitrator. He has worked as a safeguard investigating authority, litigated safeguard disputes in the WTO, and currently advises governments on safeguard-related matters.