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Trade and Employment From Myths to Facts - International Labour ...

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<strong>Trade</strong> <strong>and</strong> <strong>Employment</strong>: <strong>From</strong> <strong>Myths</strong> <strong>to</strong> <strong>Facts</strong><br />

Table 6.5: Overview of safeguard measures in WTO provisions<br />

Measure Agreement Description<br />

Measures <strong>to</strong> limit GATT Article XIX Measures shall be applied <strong>to</strong> prevent or<br />

imports that <strong>and</strong> Agreement remedy injury <strong>and</strong> <strong>to</strong> facilitate adjustment<br />

cause or threaten<br />

<strong>to</strong> cause serious<br />

injury <strong>to</strong> domestic<br />

industry<br />

on Safeguards<br />

Renegotiate bound GATT Article Difficult process; requires compensation<br />

tariff rates XXVIII<br />

Restrictions <strong>to</strong> GATT Article XII Can be used in reaction <strong>to</strong> an<br />

safeguard the balance <strong>and</strong> Article XVIII.B unsustainable deterioration in a<br />

of payment country’s external financial position,<br />

but not in reaction <strong>to</strong> sec<strong>to</strong>r-specific<br />

adjustment problems<br />

Infant industry GATT Article Barely used<br />

protection in<br />

developing countries<br />

XVIII.C<br />

Emergency safeguard<br />

in services<br />

GATS Article X M<strong>and</strong>ate <strong>to</strong> negotiate<br />

Special agricultural Agreement on Additional duty possible in case of price<br />

safeguard Agriculture decrease or import surge; right <strong>to</strong> use had<br />

Article 5 <strong>to</strong> be reserved during Uruguay Round<br />

Source: WTO agreements, <strong>and</strong> Bacchetta <strong>and</strong> Jansen (2003).<br />

events, such as import surges (Bacchetta <strong>and</strong> Jansen, 2003). The safeguard measures<br />

include temporary tariff increases <strong>and</strong> quantitative restrictions. It is often argued that<br />

governments may be reluctant <strong>to</strong> sign trade agreements that lead <strong>to</strong> substantial liberalization<br />

without the insurance that a safeguard provision would provide.<br />

The WTO Agreement on Safeguards refers explicitly <strong>to</strong> structural adjustment<br />

in its preamble <strong>and</strong> creates certain mechanisms <strong>to</strong> address that objective. Remedies,<br />

such as quantitative restrictions, can be used temporarily <strong>and</strong> evidence of adjustment<br />

of the industry is necessary <strong>to</strong> justify extending the measure. Progressive liberalization<br />

is intended <strong>to</strong> facilitate adjustment in cases of measures originally imposed for longer<br />

than one year. 23<br />

Safeguards may be justified from a political economic point of view <strong>and</strong> helpful<br />

in unusual circumstances, but their role as contributing <strong>to</strong> adjustment has been<br />

23 Safeguard measures may be broader in scope than anti-dumping measures <strong>and</strong> cover imports from<br />

all sources. However, anti-dumping measures have much more often been used than safeguard measures<br />

(Bown <strong>and</strong> McCulloch, 2007). With increasing liberalization <strong>and</strong> higher exposure <strong>to</strong> external<br />

shocks, safeguards may perhaps be used more frequently in the future.<br />

240

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