Safeguard Measures in World Trade
Show Less

Safeguard Measures in World Trade

The Legal Analysis, Third Edition

Yong-Shik Lee

Safeguard Measures in World Trade tackles the controversial issue of restrictions on imports. Professor Yong-Shik Lee skillfully argues that Safeguards interfere substantially with the normal stream of trade, and their improper application undermines the objectives of the World Trade Organization (WTO).
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 12: National/regional rules on safeguards

Yong-Shik Lee


This chapter discusses selected national and regional rules on safeguards. The US provisions on safeguards, as well as the EU provisions, are considered. Under the provisions of Article XVI:4 of the Marrakesh Agreement Establishing the World Trading Organization (the WTO Agreement), Members must ensure conformity of their laws, regulations, and administrative procedures, including their national safeguard rules, with the GATT/WTO rules. Article 12.6 of the Safeguards Agreement requires Members to notify the Committee on Safeguards of their laws, regulations, and administrative procedures relating to safeguard measures as well as any modifications made to them. The texts of national and regional rules on safeguards display notable differences among themselves and from the provisions of the SA. The national provisions need not be identical to the text of the SA to be consistent with the GATT/WTO requirements. Nevertheless, the application of a safeguard measure pursuant to the relevant national safeguard rules should also ensure conformity with the provisions of the SA. There has been a question as to whether safeguard measures applied under the national rules are consistent with the requirements of the GATT/WTO rules, as discussed later in this chapter. This chapter also reviews the provisions of national and regional safeguard rules in conjunction with the corresponding GATT/WTO provisions.

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.

Further information

or login to access all content.