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The Puzzle Of Wto Safeguards And Regional Trade Agreements

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  • Joost Pauwelyn

Abstract

So far WTO jurisprudence has not resolved the puzzle of how WTO Members that are part also of a regional trade agreement (such as NAFTA or MERCOSUR) should conduct safeguard investigations and apply eventual safeguards in line with WTO rules. Can or must they exclude regional imports from the injury determination? Can or must they apply the eventual safeguard only to third parties, or are they under an obligation rather to apply all safeguards on a non-discriminatory basis? Those are the questions examined in this paper. The paper refocuses some of the attention to GATT Article XIX and criticizes the Appellate Body's requirement of parallelism as well as its jurisprudence under GATT Article XXIV. It also offers an alternative way forward and ends with a list of options for WTO safeguards by members of customs unions or free trade areas. Oxford University Press 2003, Oxford University Press.

Suggested Citation

  • Joost Pauwelyn, 2004. "The Puzzle Of Wto Safeguards And Regional Trade Agreements," Journal of International Economic Law, Oxford University Press, vol. 7(1), pages 109-142, March.
    • Handle: RePEc:oup:jieclw:v:7:y:2004:i:1:p:109-142
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    Cited by:

    1. Cohen, Mark A. & Vandenbergh, Michael P., 2012. "The potential role of carbon labeling in a green economy," Energy Economics, Elsevier, vol. 34(S1), pages 53-63.
    2. Bown, Chad P. & Karacaovali, Baybars & Tovar, Patricia, 2014. "What do we know about preferential trade agreements and temporary trade barriers ?," Policy Research Working Paper Series 6898, The World Bank.
    3. Silvia Nuzzo, 2024. "‘No safe haven’: Why the GATT ‘regional exception’ does not apply to technical barriers to trade," Global Policy, London School of Economics and Political Science, vol. 15(3), pages 528-538, June.
    4. Dong-Hoon Kim & Bong-Chul Kim, 2008. "Safeguard measures in RTAs and Proposals for the KCJ FTA," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 11(1), pages 53-94, March.
    5. Meredith A. Crowley, 2006. "Why are safeguards needed in a trade agreement?," Working Paper Series WP-06-06, Federal Reserve Bank of Chicago.

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