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"The Challenge of Safeguards in the WTO provides a comprehensive overview of the safeguard mechanism in the multilateral trading system. It explains at length its historical and conceptual foundations and elaborates on the various requirements for the imposition of safeguards and the conduct of safeguard investigations. The author draws on his practical experience in order to analyse WTO case law as developed by WTO panels and the Appellate Body and to provide practical suggestions for the resolution of various complex issues which have arisen in practice. He also considers the challenges faced by companies involved in this type of case"--
List of contents
Introduction; Part I. Foundation of the Safeguard Mechanism: 1. History of the safeguard mechanism; 2. The rationale of the safeguard mechanism; Part II. The Right to Apply a Safeguard: 3. Period of investigation and products at issue; 4. Unforeseen developments and the effect of GATT obligations; 5. Increase in imports; 6. Serious injury; 7. Causal link; Part III. Application of a Safeguard: 8. Scope of a safeguard; 9. Extent of a safeguard; 10. Form of a safeguard; 11. Temporal application and provisional safeguards; Part IV. Procedures for the Application of Safeguards: 12. Domestic investigation; 13. Multilateral proceedings; Concluding remarks.
About the author
Fernando Piérola is Senior Counsel at the Advisory Centre on WTO Law (ACWL) in Geneva, Switzerland, and lecturer in international trade law and dispute settlement at Universität Bern, Switzerland (World Trade Institute), Université de Lausanne, Switzerland and Universität des Saarlandes, Saarbrücken, Germany (Europa-Institut). He also serves as arbitrator in international disputes under regional trade arrangements and is a regular commentator on international trade law issues.
