Non-Discrimination in the WTO Safeguards Agreement: A European Perspective

LAW AND ECONOMICS OF CONTINGENT PROTECTION IN INTERNATIONAL TRADE, pp. 367-373, K. Bagwell, G. Bermann and P. Mavroidis eds., Cambridge University Press, 2010

7 Pages Posted: 31 Jan 2012

See all articles by Marco Bronckers

Marco Bronckers

Leiden University - Leiden Law School

Date Written: 30, 2010

Abstract

This chapter argues that the arguments that have traditionally been advanced in favor of a nondiscriminatory application of safeguard measures are not convincing within the regime of the World Trade Organization (WTO) Safeguards Agreement. Furthermore, if selective safeguards were plainly accepted in this Agreement, it would no longer be necessary to design country-specific mechanisms, such as the China-specific safeguard clause. In the 1970s and 1980s, the European Community (EC) was a major proponent of selective safeguards. However, with the advent of the WTO Safeguards Agreement, the EC seems to have lost interest in taking safeguards. This situation may now change, after the European Union (EU) Reform Treaty entered into force in 2009, and the European Parliament for the first time obtained important powers in EU trade policy

Keywords: EU trade policy, WTO Safeguards Agreement, selective safeguards, discriminatory safeguard restrictions, EU trade restrictions against China

JEL Classification: F13

Suggested Citation

Bronckers, Marco, Non-Discrimination in the WTO Safeguards Agreement: A European Perspective (30, 2010). LAW AND ECONOMICS OF CONTINGENT PROTECTION IN INTERNATIONAL TRADE, pp. 367-373, K. Bagwell, G. Bermann and P. Mavroidis eds., Cambridge University Press, 2010, Available at SSRN: https://ssrn.com/abstract=1995537

Marco Bronckers (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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