The Challenge of Safeguards in the WTO
- Edwin Vermulst
- 2015/04/16
- 已被閱讀 322次
- World Trade Review, Volume 14 - Issue 02, Apr. 2015, pp. 385
In this well written and very readable book, the author Fernando Pi?rola, Senior Counsel at the Advisory Center on WTO Law, lecturer at several universities, and a respected trade lawyer, provides an excellent overview of the WTO law and practice relating to safeguards. He first provides a detailed 82-page overview of the history of safeguards in the GATT and the WTO as well as the proffered rationales for such clauses and measures imposed pursuant to them (Part 1). The rest of the book is then devoted to analysis of the WTO Agreement on Safeguards (AS). On the basis of the WTO Appellate Body report in US–Line Pipe, he distinguishes between the right to apply a safeguard measure (Part 2) and the application of such a measure (Part 3). The final Part 4 deals with procedural aspects, covering both domestic investigatory requirements and multilateral obligations. The concluding remarks provide both a useful overview of the key issues discussed and recommendations for improvement, based on the shortcomings that the author perceives within the system as described in the earlier sections of the book.
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