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Handbook of Trade Policy for Development$
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Arvid Lukauskas, Robert M. Stern, and Gianni Zanini

Print publication date: 2013

Print ISBN-13: 9780199680405

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199680405.001.0001

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Safeguards, Anti-dumping, and Subsidies in International Trade Law

Safeguards, Anti-dumping, and Subsidies in International Trade Law

Chapter:
(p.628) Chapter 20 Safeguards, Anti-dumping, and Subsidies in International Trade Law
Source:
Handbook of Trade Policy for Development
Author(s):

Joel P. Trachtman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680405.003.0020

Since the establishment of the GATT, states have maintained the right to impose “contingent protection” in order to reverse their liberalization under certain circumstances. If the right to engage in contingent protection is not constrained enough, however, the concessions made by states in international trade negotiations have little value. Consequently, the international system is finely balanced between enforcement of liberalization commitments and permission to derogate from these commitments. Joel Trachtman provides a detailed treatment of the most important of the instruments of contingent protection, including safeguards, dumping, and subsidies, as well as an analysis of the determination of serious injury, material injury, and causation in international trade law. In addition, he offers some observations on the policy and negotiating implications for developing countries with regard to the use and design of the different instruments.

Keywords:   Safeguards, anti-dumping, subsidies, international trade law, contingent protection, developing countries

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