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double remedies

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5 - Article 5, Application of Safeguard Measures
Fernando Piérola-Castro
Book:

WTO Agreement on Safeguards and Article XIX of GATT

Published online:

19 May 2022

Print publication:

16 June 2022, pp 196-225
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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.