The WTO Agreement on Safeguards

Alan Sykes received his law degree from Yale University in 1982, and his Ph.D. in economics from Yale in 1987. He was in private practice in Washington, D.C. at the law firm of Arnold in Porter from 1982-86, specializing in international trade matters, including escape clause cases under U.S. law. He joined the University of Chicago faculty in 1986, and became the Frank and Bernice Greenberg Professor in 1996. His principal research interest is international trade, on which he has published numerous books and articles. His books include Product Standards for internationally Integrated Goods Markets (Brookings 1995), and Legal Problems of International Economic Relations (West 2002), co-authored with John H. Jackson and William J. Davey.

1. Introduction ; 2. The Evolution of Safeguard Measures in the WTO/GATT System: An Overview ; 3. Economic Policy Considerations ; 4. Preliminary Issues in WTO Safeguards Disputes: Burden of Proof, Standard of Review, and the "Record" on Appeal ; 5. Procedural Obligations in the Agreement on Safeguards ; 6. "Unforeseen Developments" and "The Effect of the Obligations Incurred" ; 7. The Requirement of Increased Imports ; 8. Serious Injury, Threat and Industry Definition ; 9. The Causation and "Non-Attribution" Requirements ; 10. Permissible Measures and Their Duration ; 11. Compensation, Retaliation and the Prohibition of Grey-Area Measures ; 12. Conclusion: The Central Issues Ahead