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
5 - Article 5, Application of Safeguard Measures
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 5 covers the general principles governing the application of a safeguard measure, including the principle of necessity in the establishment of the extent of the measure, the freedom enjoyed by Members in choosing the safeguard measure that they consider most suitable to achieve the goals of the measure, and the objective of facilitating the adjustment of the industry. The chapter presents the non-injurious price methodology for the establishment of safeguard measures on the basis of duties, and the concerns that arise in respect of the establishment of safeguards in the form of quotas. The chapter also discusses the question of the allocation of quotas among export-supplying Members, and the main deviation from the principle of non-discrimination contained in Article 5.2(b) of the Agreement on Safeguards. The chapter also addresses the question of the application of double trade remedies.
- Type
- Chapter
- Information
- WTO Agreement on Safeguards and Article XIX of GATTA Detailed Commentary, pp. 196 - 225Publisher: Cambridge University PressPrint publication year: 2022