Provide an example of a recent safeguard measure imposed by a WTO member and explain its purpose within the WTO framework (5 marks)
Question
Provide an example of a recent safeguard measure imposed by a WTO member and explain its purpose within the WTO framework (5 marks)
Solution
One recent example of a safeguard measure imposed by a WTO member is the additional duties on steel and aluminum imports imposed by the United States in 2018.
Step 1: Identifying the measure In March 2018, the United States imposed a 25% tariff on steel imports and a 10% tariff on aluminum imports from all countries except Canada and Mexico. This was done under Section 232 of the Trade Expansion Act of 1962, which allows the President to adjust imports if they threaten to impair national security.
Step 2: Purpose of the measure The purpose of this safeguard measure, according to the U.S. administration, was to protect the domestic steel and aluminum industries from serious injury caused by increased imports. The U.S. argued that these industries are vital for national security, and that they had been harmed by unfair trade practices, such as dumping and subsidized production.
Step 3: Within the WTO framework Under the WTO framework, safeguard measures are temporary restrictions on imports that are imposed to protect a specific domestic industry from an unforeseen surge in imports. They are allowed under the WTO's Agreement on Safeguards, but must meet certain conditions. For example, they must be applied on a non-discriminatory basis to all WTO members, and they must not exceed the level necessary to prevent or remedy serious injury and facilitate adjustment.
Step 4: Controversy and dispute The U.S. safeguard measure has been controversial and has led to disputes at the WTO. Several WTO members, including China and the European Union, have challenged the U.S. measure, arguing that it violates the WTO's rules. They contend that the U.S. has not demonstrated that the imports are causing or threatening to cause serious injury to the U.S. industry, and that the measure is not applied on a non-discriminatory basis.
Step 5: Conclusion The U.S. safeguard measure on steel and aluminum imports is an example of how WTO members can use the WTO framework to protect their domestic industries. However, it also illustrates the challenges and controversies that can arise in the application of these measures.
Similar Questions
QUESTION TWO Research a recent case involving the agreement on safeguards and answer the following questions; a) What was the impact of the safeguard measure on both domestic industries and trading partners and how did the implementing country minimize adverse effects on other WTO members? (5 marks) b) How did the notifying country fulfill its obligations regarding notification and consultation when implementing safeguard measures? (5 marks) c) Was compensation provided to the affected WTO members due to safeguard measures? If yes, how was compensation determined and implemented? (5 marks) d) Evaluate the review and termination process of the safeguard measures showing how decisions were made and what the outcomes were. (5 marks)
QUESTION ONE The Agreement on Safeguards establishes rules for the application of safeguard measures by member governments as provided in Article XIX of GATT 1994 (Emergency Action on Imports of Particular products). This agreement is a product of the Uruguay round after the WTO member states had failed in their efforts to develop the safeguard code during the Tokyo round. According to the dictionary of trade policy terms, safeguards mean temporary measures designed to slow imports to enable a particular industry to adjust to heightened competition from foreign suppliers. The basic requirements according to this agreement is that there has to be a determination that, as a result of unforeseen developments and the effect of a member’s obligations under GATT 1994, a product is being imported in such increased quantities as to cause or threaten to cause serious injury to the domestic industry producing like or directly competitive products. With this in mind: a) How does the Agreement on Safeguards differ from the Anti- dumping agreement and the Agreement on subsidies and countervailing measures? Explain how trade issues are addressed according to these agreements (10 marks) b) Provide an example of a recent safeguard measure imposed by a WTO member and explain its purpose within the WTO framework (5 marks) c) Choose a specific industry in Uganda affected by imports and discuss the criteria that would need to be met for a safeguard measure to be justified under the WTO agreement on safeguards (5 marks)
The components of WTO areSelect one:a.Ministerial conferenceb.Disputes settlement bodyc.Director Generald.All of the above
7. The WTO seems at times to be interfering in domestic policy sinceA) the line between domestic policies and de factor protectionism is often fuzzy.B) it is a supra-national organization with the power to overturn governments.C) it determines which nations may trade what with whom.D) it punishes naughty nations.E) it exempts the U.S. and other powerful member nations from many of its edicts
Choose a specific industry in Uganda besides Textile affected by imports and discuss in detail the criteria that would need to be met for a safeguard measure to be justified under the WTO agreement on safeguards (5 marks).
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