Book contents
- WTO Agreement on Safeguards and Article XIX of GATT
- WTO Agreement on Safeguards and Article XIX of GATT
- Copyright page
- Contents
- Figures
- Tables
- Treaties, Documents and Other Sources
- Preface
- 1 Article 1, General Provision
- 2 Article 2, Conditions
- 3 Article 3, Investigation
- 4 Article 4, Determination of Serious Injury or Threat of Serious Injury
- 5 Article 5, Application of Safeguard Measures
- 6 Article 6, Provisional Measures
- 7 Article 7, Duration and Review of Safeguard Measures
- 8 Article 8, Level of Concessions and Other Obligations
- 9 Article 9, Developing Country Members
- 10 Article 10, Pre-Existing Article XIX Measures
- 11 Article 11, Prohibition and Elimination of Certain Measures
- 12 Article 12, Notification and Consultation
- 13 Article 13, Surveillance
- 14 Article 14, Dispute Settlement
- 15 Article XIX of the GATT 1994
- 16 Negotiating History of Article XIX and the WTO Agreement on Safeguards
- Book part
- References
- Index
14 - Article 14, Dispute Settlement
Published online by Cambridge University Press: 19 May 2022
- WTO Agreement on Safeguards and Article XIX of GATT
- WTO Agreement on Safeguards and Article XIX of GATT
- Copyright page
- Contents
- Figures
- Tables
- Treaties, Documents and Other Sources
- Preface
- 1 Article 1, General Provision
- 2 Article 2, Conditions
- 3 Article 3, Investigation
- 4 Article 4, Determination of Serious Injury or Threat of Serious Injury
- 5 Article 5, Application of Safeguard Measures
- 6 Article 6, Provisional Measures
- 7 Article 7, Duration and Review of Safeguard Measures
- 8 Article 8, Level of Concessions and Other Obligations
- 9 Article 9, Developing Country Members
- 10 Article 10, Pre-Existing Article XIX Measures
- 11 Article 11, Prohibition and Elimination of Certain Measures
- 12 Article 12, Notification and Consultation
- 13 Article 13, Surveillance
- 14 Article 14, Dispute Settlement
- 15 Article XIX of the GATT 1994
- 16 Negotiating History of Article XIX and the WTO Agreement on Safeguards
- Book part
- References
- Index
Summary
Chapter 14 covers the provision on dispute settlement and consultations in the Agreement on Safeguards. This provision follows the general dispute settlement rules and procedures contained in the WTO Dispute Settlement Understanding and Articles XXII and XXIII of the GATT 1994. It is technically the legal basis for the handling of disputes on the application of the Agreement on Safeguards. Chapter 14 explains how the dispute settlement process operates at its different stages and the usual issues that arise in the conduct of safeguard disputes. The chapter also provides statistics on the performance of the WTO dispute settlement mechanism in respect of safeguard investigations and safeguard measures. It provides practical considerations derived from the experience of the author as an active litigant in dispute settlement proceedings.
- Type
- Chapter
- Information
- WTO Agreement on Safeguards and Article XIX of GATTA Detailed Commentary, pp. 348 - 368Publisher: Cambridge University PressPrint publication year: 2022