The Legal Analysis, Third Edition
Chapter 12: National/regional rules on safeguards
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.
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