IDEAS home Printed from https://ideas.repec.org/a/oup/jieclw/v22y2019i3p439-458..html
   My bibliography  Save this article

Are Retaliatory Trade Measures Justified under the WTO Agreement on Safeguards?

Author

Listed:
  • Yong-Shik Lee

Abstract

In March 2018, the USA adopted measures to increase tariffs on a range of imported steel and aluminum products, claiming that the measures are justified for its national security concerns. Several World Trade Organization Members, including the European Union, India, Russia, Turkey, and China, have argued that the US measures are in violation of WTO rules on safeguard measures and adopted retaliatory measures invoking Article 12.5 of the Agreement on Safeguards. The USA argues that its measures do not constitute safeguard measures under WTO rules, and, therefore, the retaliatory measures are not justified under the SA. This article reviews relevant cases and examines whether the US measures are safeguard measures under the SA and whether the retaliatory measures are also justified under the SA. The article also discusses the need for regulatory reform to address the issues with unilateral trade measures and retaliation.

Suggested Citation

  • Yong-Shik Lee, 2019. "Are Retaliatory Trade Measures Justified under the WTO Agreement on Safeguards?," Journal of International Economic Law, Oxford University Press, vol. 22(3), pages 439-458.
    • Handle: RePEc:oup:jieclw:v:22:y:2019:i:3:p:439-458.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jiel/jgz006
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:22:y:2019:i:3:p:439-458.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.