The Safeguards Mess : A Critique of WTO Jurisprudence

  title={The Safeguards Mess : A Critique of WTO Jurisprudence},
  author={Alan O. Sykes},
The creation of the WTO revived the use of "safeguard" measures to protect troubled industries against surges in import competition. Many of these measures have now been challenged in the WTO dispute resolution process, and in each case the process has found the challenged measure to be a violation of WTO law. This paper examines the WTO rules on safeguards from an economic perspective, and offers a critique of the Appellate Body decisions to date. Among other things, it argues that the textual… CONTINUE READING
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