Elgar International Economic Law series
, we need not address the question whether an Article XXIV defence is available to the United States. Nor are we required to make a The regulation of safeguards in the WTO 487 It is important to recall that the parallelism principle as discussed in the various cases mentioned was clearly linked to the special case of free trade area partners or custom union members and the text of footnote 1. It would not be correct to say that the Appellate Body was suggesting that any country could impose safeguard measures on a selective basis as long as there was a parallelism between the imports examined and the imports targeted in the measure. A safeguard measure is not an anti-dumping or countervailing measure. The question only arises because an argument could be made on the basis of footnote 1 and the relationship between the Safeguards Agreement and Article XXIV of GATT 1994 that it would be legitimate to exclude such free trade area/customs union partner imports. Similarly, the parallelism principle has been applied in one other situation where the Safeguards Agreement itself explicitly provides for an exception to the MFN principle of Article 2.2, the case of negligible imports from developing countries under Article 9. We refer to our discussion of this matter below. In the absence of such an authorization from the SG Agreement itself or the GATT in general, there is no basis for not applying the measure on an MFN basis and the parallelism question thus does not...
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