Among restrictions on imports, safeguard measures are particularly
controversial in that they are invoked in the absence of any unfair trade
practice. Safeguards interfere substantially with the normal stream of trade,
and their improper application undermines the objectives of the WTO. Recent
WTO cases have brought the attention of trade lawyers to the absence of
comprehensive materials on this complex subject, and highlighted the need for
a reliable guide to the WTO rules on safeguards. Dr. Y.S. Lee, perhaps
the world s foremost authority on safeguard measures, has provided such a
guide, here updated in its second edition.
Readers may expect from this book comprehensive coverage on safeguards to date
with legal analysis of the important issues in the interpretation and
application of the current rules on safeguards. The author also proposes
modifications to enhance and clarify the discipline of safeguards. The crucial
issues raised include the following:
economic and political justifications of safeguards;
applicability of GATT Article XIX
interpretation and application of the Agreement on Safeguards, including
non-discriminatory application of safeguards and justification of
transitional product-specific safeguard measures against China; and
emergency safeguards to trade in services.
The focus of the book is on the WTO Agreement on Safeguards, as interpreted by
WTO Panel and Appellate Body reports in key cases, including Korea Dairy
Products, Argentina Footwear, United States Wheat Gluten, United States Lamb
Meat, Chile Price Band System, United States Line Pipe and United States Steel
Products. Dr. Lee summarizes the various key findings and provides lucid and
well-balanced analysis of these reports. Other WTO rules considered include
GATT Articles XIX, XII, and XVIII; the Understanding on Balance of Payments of
the GATT 1994; the Agreement on Agriculture; the Agreement on Textile and
Clothing; Article XII of the General Agreement on Trade in Services (GATS);
and the Protocol on the Accession of the People s Republic of China. Safeguard
Measures in World Trade comes at a time when safeguard measures continue to
mount in various parts of the world and a possible domino effect can
destabilize the international trading system. It will be of inestimable value
to government officials, trade lawyers, international business people, and
academics in trade law and related fields.
Part I. Development of International Rules on
Safeguards. 1. Politics and Economics of Safeguard Measures. 2.
GATT Article XIX, the Escape Clause. 3. Negotiations of the Agreement on
Part II. Rules on Safeguards. 4. WTO Agreement on
Safeguards. 5. Discussions on Safeguard Measures in Service Trade: GATS
Article X. 6. Other Emergency Import Restrictions. 7.
National/Regional Rules on Safeguards.
Part III. Legal Issues in Application of Safeguards. 8.
Preliminary Issues. 9. General Conditions for Application of
Safeguards. 10. Determination of Appropriate Measure. 11.