Table of contents for The WTO agreement on safeguards : a commentary / Alan O. Sykes.


Bibliographic record and links to related information available from the Library of Congress catalog
Note: Electronic data is machine generated. May be incomplete or contain other coding.


Counter
CHAPTER 1: THE EVOLUTION OF SAFEGUARD
MEASURES IN THE WTO/GATT SYSTEM:
AN OVERVIEW                                                        1
A The Genesis of the Safeguards Concept in the Pre-GATT Era        2
B The GATT Agreement                                               5
1 Mechanisms for Adjusting the GATT Bargain Over Time           5
2 The Design of Article XIX                                     7
C GATT Practice Under Article XIX and the Rise of
Grey-Area Measures                                             14
1 Formal Reliance on Article XIX During the GATT Years         14
2 Safeguards Practice in Context: The GATT
Dispute Settlement System                                    15
3 Textual Obsolescence: The "Unforeseen Developments" Clause   17
4 The Causation Conundrum                                      19
5 Prelude to the Uruguay Round: Grey-Area
Measures and Their Critics                                   21
D Introduction to the Safeguards Agreement                        26
E Safeguard Measures to Date in the WTO                           30
1 Notified Legislation and Procedures                          31
2 Provisional or Definitive Measures Undertaken                31
3 Safeguard Measures in the Dispute Resolution System          32
CHAPTER 2: ECONOMIC POLICY
CONSIDERATIONS                                                   34
A The Basic Economics of International Trade and Protectionism    35
B Basic Economics of Safeguard Measures: Efficiency
and Distribution                                               47
1 The Economic Consequences of Safeguard Measures: A First Cut  47
2 Conventional Arguments for Safeguard Measures                50
(a) Restoring Competitiveness                               51
(b) Orderly Contraction anii Structrifl Adjustment          52
(c) Equity and Redistribution                               56
C Safeguard Measures from a Political Economy Perspective        59
1 The Domestic Safety Valve Hypothesis                        59
2 Safeguard Measures and "Cheating"                            61
3 The Contractarian Perspective: Ex Ante vs. Ex Post Protection  64
(a) Some Preliminaries: Basic Lessons from
Public Choice Theory                                     64
(b) Positive Implications                                   67
(c) Normative Implications                                  70
CHAPTER 3: PRELIMINARY ISSUES IN WTO
SAFEGUARDS DISPUTES: BURDEN OF PROOF,
STANDARD OF REVIEW, AND THE "RECORD" 73
A The Burden of Proof                                            73
B The Standard of Review at the Panel Stage: What
Degree of Deference to National Authorities?                   75
C The "Record" on Review and Related Issues                      81
D The Standard of Review in the Appellate Body                   84
CHAPTER 4: PROCEDURAL OBLIGATIONS
IN THE AGREEMENT ON SAFEGUARDS                                   85
A The Committee on Safeguards                                    85
B The Procedural Obligations of National Authorities             86
1 Advance Publication and Notification of
Investigative Procedures                                    87
2 Notification of Investigations                              88
3 Due Process Requirements for the Conduct of Investigations  89
4 Publication Requirements Following an Investigation         89
5 Notification Requirements Following an Investigation
or a Decision to Apply a Measure                            90
6 Consultation Requirements Prior to Application of a Measure  93
7 Miscellaneous Notification and Consultation Requirements   96
8 The Issue of Confidential Information                      97
CHAPTER 5: "UNFORESEEN DEVELOPMENTS"
AND "THE EFFECT OF THE
OBLIGATIONS INCURRED"                                          101
A The Resurrection of Article XIX(1), First Clause             102
B Establishing the "Effect of Obligations Incurred"            106
C Establishing the Link to "Unforeseen Developments"           108
1 In General                                                108
2 Factual Issues in Individual Cases                        111
CHAPTER 6: THE INCREASED QUANTITIES
REQUIREMENT                                                    120
A The Baseline Issue During GATT                               121
B Baselines and "Increased Quantities"
in WTO Disputes to Date                                     123
C Summary and Critique                                         134
CHAPTER 7: SERIOUS INJURY, THREAT AND
INDUSTRY DEFINITION                                            137
A Defining the "Industry"                                      138
1 General Guidance on the Meaning of "Like" and
"Directly Competitive"                                    139
2 Industry Definition Issues in Safeguard Disputes to Date  142
(a) Imports and Prior Stages of Processing                143
(b) Multiproduct Firms                                    146
B "Serious Injury"                                             148
C Threat of Serious Injury                                     151
CHAPTER 8: THE CAUSATION REQUIREMENT
AND "NON-ATTRIBUTION"                                          156
A The Economics of "Causation"                                 158
B The Causation Test Under U.S. Law                            167
1 Determining the "Causal Contribution" of Increased Imports  168
2 Weighing the Effect of Imports Under the
Substantial Cause Test                                    170
C The Causation Test in WTO Case Law                           174
1 Korea-Dairy                                               174
2 Argentina-Footwear                                         175
3 United States-Wheat Gluten                                 177
4 United States-Lamlb                                        181
5 United States-Line Pipe                                   183
6 Chile-Agricultural Products                               183
7 United States-Steel                                       184
(a) Demonstrating the Causal Link to Imports              184
(b) Non-Attribution Analysis                              188
8 Summary                                                    189
D Possible Solutions                                           190
1 Sweep the Issues Under the Rug                            191
2 Focus on the Unforeseen Developments                       192
3 Focus on the Import Supply Curve                           194
4 Focus on Hypothetical Quantitative Restrictions           201
5 Summary and Implications                                  208
CHAPTER 9: PERMISSIBLE MEASURES AND THEIR
DURATION                                                       211
A "To the Extent Necessary'                                    212
1 Justification for the Measure: The Timing Issue           212
2 Injury Attributable to "Other Factors"                    213
3 The Adjustment Issue                                      216
4 Article 5.1, Sentence Two                                 217
B Selectivity                                                  218
1 Economic Note                                             218
2 The Core Obligation: Article 2.2                          220
3 Selective Quanattative Restrictions                       221
4 The Doctrine of Parallelism                               226
5 The Ultimate Question: Article XXIV and
Selective Safeguards                                      232
C Duration and Review                                          236
1 Limits on Duration                                        237
2 Progressive Liberalization                                238
3 Previously Protected Industries                           239
D Provisional Measures                                       241
E Special Rules for Developing Countries                     242
CHAPTER 10: COMPENSATION, RETALIATION
AND THE PROHIBITION OF GREY-AREA
MEASURES-                                                    245
A The New Rules on Compensation and Retaliation              245
B The Prohibition of Grey-Area Measures                      249



Library of Congress subject headings for this publication: World Trade Organization, Foreign trade regulation, Imports, Protectionism