TITLE

Safeguards and the perils of preferential trade agreements: Dominican Republic–Safeguard Measures

AUTHOR(S)
BOWN, CHAD P.; WU, MARK
PUB. DATE
April 2014
SOURCE
World Trade Review;Apr2014, Vol. 13 Issue 2, p179
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The legal-economic implications of how WTO members apply an import-restricting safeguard measure become more complex in light of the increasing web of trade concessions undertaken through their preferential trade agreements (PTAs) in addition to their WTO commitments. This paper examines a number of complex issues that arose in the WTO litigation between five new PTA partners through the Dominican Republic–Safeguard Measures disputes. First, we highlight the difficulties in assessing the extent to which safeguards imposed following a PTA are the result of PTA concessions relative to developments that pre-date or are otherwise unrelated to the PTA. Second, we examine how the WTO Panel resolved a number of previously unanswered questions in the WTO's safeguards jurisprudence that arose in these cases. We suggest that the Panel rightly foreclosed a number of potentially dubious practices that WTO members might otherwise have pursued when using safeguards to circumvent trade concessions. Third, we identify how safeguard-related provisions within a PTA may give rise to constraints that subsequently affect how a country may apply safeguards available under the WTO Agreements, and we describe some implications for PTA design and negotiation. Finally, we analyze the broader implications that arise from the interplay of PTAs, safeguards, and dispute settlement in light of the availability of both relatively substitutable policy instruments and dispute resolution forums.
ACCESSION #
95774551

 

Related Articles

  • Multilevel Judicial Governance of International Trade Requires a Common Conception of Rule of Law and Justice. Petersmann, Ernst-Ulrich // Journal of International Economic Law;Sep2007, Vol. 10 Issue 3, p529 

    Since the establishment of the Permanent Court of International Justice in 1922, governments have consented to, and actively used, an ever larger number of international and transnational courts, quasi-judicial dispute settlement bodies and ad hoc arbitral tribunals for the settlement of...

  • International Trade Dispute Settlement System. Brinza, Daniel // Journal of International Economic Law;Sep2003, Vol. 6 Issue 3, p719 

    The article presents an analysis of the overall international trade dispute settlement system. It discusses how a trade dispute started and the role trade lawyers play in this dispute settlement process to prevent it in the next level. The author also addresses issues in the free trade areas and...

  • Claus‐Dieter Ehlermann's Presentation on ‘The Role and Record of Dispute Settlement Panels and the Appellate Body of the WTO’. McRae, Donald // Journal of International Economic Law;Sep2003, Vol. 6 Issue 3, p709 

    The author discusses a presentation entitled "The Role and Record of Dispute Settlement Panels and the Appellate Body of the WTO" by Claus-Dieter Ehlermann. He examines the achievements of the World Trade Organization (WTO) dispute settlement system and mainly of the Appellate Body. The author...

  • The Sutherland Report on Dispute Settlement: A Comment. Davey, William J. // Journal of International Economic Law;Jun2005, Vol. 8 Issue 2, p321 

    The author discusses the topics in the Sutherland report, particularly on the World Trade Organization (WTO) dispute settlement system. He agrees with the report's assessment that the WTO dispute settlement has an excellent implementation record. He offers insights about the two possible...

  • Practical Aspects of Monetary Compensation. O’Connor, Bernard; Djordjevic, Margareta // Journal of International Economic Law;Mar2005, Vol. 8 Issue 1, p127 

    The mutually satisfactory temporary arrangement reached between the EC and the US in the WTO US – Copyright dispute raises a number of legal issues in international, WTO and EC law as well as systemic considerations for the WTO dispute settlement system. It is the first time that monetary...

  • The WTO Appellate Body's Activities in 20071.  // Journal of International Economic Law;Mar2008, Vol. 11 Issue 1, p193 

    The article offers a summary of the activities conducted in 2007 by the World Trade Organization (WTO) Appellate Body and its Secretariat. It notes that the summary is a shortened version of the Annual Report for 2007 of the WTO Appellate Body which offers more detailed information. Information...

  • The Remedy Gap: Institutional Design, Retaliation, and Trade Law Enforcement. Brewster, Rachel // George Washington Law Review;Nov2011, Vol. 80 Issue 1, p102 

    One of the major innovations of the World Trade Organization's ("WTO") Dispute Settlement Understanding ("DSU") is the regulation of sanctions in response to violations of trade law. The DSU requires governments to receive multilateral approval before suspending trade concessions and limits the...

  • THE SHRINKING ROLE OF ARTICLE 25 ARBITRATION IN DSU: A PROPER UNDERSTANDING OF "CLEARLY DEFINED" ISSUES TO ENHANCE EFFICIENCY OF WTO DISPUTE SETTLEMENT PROCEDURE. Chang-fa Lo // US-China Law Review;Oct2011, Vol. 8 Issue 10, p879 

    The dispute settlement mechanism under the WTO is a central element of the organization. WTO Members rely very much on the panel procedure, which is one of the dispute settlement options, to settle their trade disputes. Thus the panel option is the central component of the dispute settlement...

  • Reflections on the Appellate Body of the WTO. Ehlermann, Claus‐Dieter // Journal of International Economic Law;Sep2003, Vol. 6 Issue 3, p695 

    The article presents a reflection on the Appellate Body of the World Trade Organization (WTO). It discusses the author's experience of being a member of the Appellate Body. It describes briefly the latest proposals made by the U.S. and Chile in the context of the latest negotiations on...

Share

Read the Article

Other Topics