The Legal Analysis, Third Edition
Chapter 10: Discussions on safeguard measures in the service trade: GATS Article X
Since the Uruguay Round negotiations brought the service trade into the multilateral trading system in the framework of the General Agreement on Trade in Services, Members have discussed the introduction of a safeguard measure in the context of trade in services (an emergency safeguard measure: an ESM) as a built-in agendum in the new agreement on service trade. Article X of the GATS requires the holding of multilateral negotiations on the question of ESMs. It provides, "the results of such negotiations … enter into effect on a date not later than three years from the date of entry into force of the WTO Agreement." The discussion of the emergency safeguard mechanism in the service trade (the ESM) has continued under this mandate. The three-year time limit stipulated in Article X.1 has already expired. As of March 2013, Members have not yet reached agreement on the ESM. The fundamental issues about the ESM are still open to discussion. There is debate as to the desirability of the ESM, and Members have not yet been able to agree on a draft agreement for negotiations. Eighteen years after the settlement of the GATS, the rules for trade in services are still at a formative stage, and the discussion of the ESM is analogous to the introduction of the escape clause to the GATT over a half-century ago when the international rules for goods trade were being formed.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.