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Agreement on Safeguards (Sa)

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Chapter Summary

There is an obvious tension between the economic aims World Trade Organization (WTO) Members seek to achieve through international trade under the WTO rules and the ability of WTO Members to take safeguard measures. According to its article 1, the safeguards (SA) establishes rules for the application of safeguard measures which mean those measures provided for in article XIX GATT 1994. Interestingly, article XIX GATT and the SA do not appear on the list of topics on which the Doha Ministerial Declaration of 14 November 2001 launched the Doha Round. The panel in Argentina - Footwear (EC) relied in particular on the use of the word "rate" in article 4.2(a) SA "that connotes both speed and direction" in order to consider that intervening trends (up or down) must be fully taken into consideration.

Keywords: Argentina - Footwear (EC); Doha Ministerial Declaration; safeguards (SA); World Trade Organization (WTO); XIX GATT 1994

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