Safeguard measures in world trade : The legal analysis

TABLE OF CONTENTS;
About the Author;
Preface;
Advance Review;
Preface to First Edition;
Acknowledgments;
Part I Development of International Rules on Safeguards;
CHAPTER 1;
Politics and Economics of Safeguard Measures;
l. I Introduction: General Background;
1.2 Controversy over Economic Justification;
1.3 Political Necessities of Safeguard Measures;
1.4 Conclusion;
CHAPTER2;
GATT Article XIX and Negotiation of the Agreement on Safeguards;
2.1 General Background;
2.2Provisions of Article XIX;
2.3 Problems of Article XIX and Proliferation of Gray-Area Measures;
2.4 Negotiations in the Uruguay Round and the Agreement on Safeguards;
Part II Agreement on Safeguards;
CHAPTER3;
Article XIX and Agreement on Safeguards;
3.1 A Long-Awaited Agreement;
3 .2 "Unforeseen Developments" Clause;
3.3 Applicability of Article XIX;
CHAPTER4;
Article 2 - General Conditions;
4.1 Preliminary Issue - Standard of Review;
4.2 lncreased Imports;
4.3 "L1ke or Directly Competitive Products";
4.4 Non-Discriminatory Application of Safeguard Measures;
Table of Contents;
CHAPTER 5;
Article 4 - Injury and Causation;
5. I Injury Determination;
5.2 Causation;
5.3 Conclusion;
CHAPTER 6;
Procedural Requirements;
6.1 Investigation;
6.2 Notification;
6.3 Consultation;
CHAPTER 7;
Application of Safeguard Measures;
7.1 Need for a Minimalist Approach;
7 .2 Determination of Appropriate Measure;
7.3 AdJustment Plan and Liberalization;
7.4 Conclusion;
CHAPTER 8;
Compensation and Retaliation;
8.1 Introduction;
8.2 Adequate Compensation;
8.3 Retaliation;
CHAPTER 9;
Remaining Issues
9.1 Prohibition of "Gray-Area Measures";
9.2 Provisional Measure, Differential Treatment, Surveillance;
9.3 Burden of Proof;
9.4 Is the Safeguards Agreement Working?
Part III Other Safeguard Provisions;
CHAPTER 10;
Discussions on Safeguard Measures in the Service Trade: GATS Article X;
l0.l Introduction;
10.2 Necessity of Emergency Safeguard Measures under GATS;
10.3 Applicability of Concepts in the Agreement on Safeguards;
10.4 Conclusion;
CHAPTER 11;
Other Emergency Import Restrictions in the WTO;
I l.l Introduction;
I I .2 Transitional Safeguard Measures: Historical Reference;
I 1.3 Special Safeguard Measures;
I I .4 Balance-of-Payments Measures;
I 1.5 Specific Safeguard Measures;
CHAPTER 12;
NationaURegional Rules on Safeguards;
12.l Introduction;
12.2 US Provisions on Safeguards - Sections 201-204 of the Trade Act
of 1974;
12.3 EC Rules on Safeguards - Council Regulation No. 3285194;
Part IV Safeguard Regime: Present and Future;
CHAPTER 13;
Lessons to Remember: US Steel Safeguard Case;
13. 1 US Steel Safeguard Case;
13 .2 Are "Safeguards-in-Response" Justifiable?
13.3 Importance of Multrlateralism in International Trade;
CHAPTER 14;
Future Perspective and Conclusion;
l4.l Economic Development and Safeguards;
14.2 Should Safeguards Replace Anti-Dumping Measures?
14.3 Conclusion;
APPENDIX 1;
Statistics on Safeguard Measures;
APPENDIX 2;
Text of GATT Article XIX;
APPENDIX 3;
Text of the Agreement on Safeguards;
APPENDIX 4;
Proposed Modification of the Agreement on Safeguards;
Table of Contents;
APPENDIX 5;
Proposed Text of the Rules on Emergency Safeguard Measures;
APPENDIX 6;
Application of Safeguards - The Checklist;
Bibliography;
Index