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
8 - Article 8, Level of Concessions and Other Obligations
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 8 explains a process that is unique to the multilateral safeguard mechanism and that is sometimes misunderstood: the process of rebalancing. The chapter examines the conceptual questions that arise with the general notion of rebalancing as relating to a negotiation-derived consequence. It notes that the obligation of maintaining the balance of concessions informs the whole rebalancing exercise, in particular the consultations under Articles 8.1 and 12.3, the consideration of the means of compensation, and the notion of the withdrawal of substantially equivalent concessions and other obligations under the GATT 1994. The Chapter also explains the temporary suspension of the right to take rebalancing action under Article 8.2, and the natural tension that exists between the mandates of this provision and the conduct of dispute settlement proceedings under the DSU.
Keywords
- Type
- Chapter
- Information
- WTO Agreement on Safeguards and Article XIX of GATTA Detailed Commentary, pp. 253 - 273Publisher: Cambridge University PressPrint publication year: 2022