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2 results

  • 11 - Article 11, Prohibition and Elimination of Certain Measures

  • Fernando Piérola-Castro
  • Book:
    WTO Agreement on Safeguards and Article XIX of GATT
    Published online:
    19 May 2022
    Print publication:
    16 June 2022, pp 289-298

  • Summary

    Chapter 11 prohibits the adoption of different sets of measures. It includes measures that are adopted without following the rules and procedures of the Agreement on Safeguards, measures that were categorized as grey-area measures, and other measures pursued under other provisions of the GATT and attempts to justify these under the Agreement on Safeguards. Article 11 further mandates the elimination of the grey-area measures pre-existing the WTO, and the discouragement of non-governmental practices having the effect of restricting trade flows.

  • 10 - Article 10, Pre-Existing Article XIX Measures

  • Fernando Piérola-Castro
  • Book:
    WTO Agreement on Safeguards and Article XIX of GATT
    Published online:
    19 May 2022
    Print publication:
    16 June 2022, pp 285-288

  • Summary

    Chapter 10 describes the general obligation that Members introduced into the Agreement on Safeguards to terminate measures that were imposed under the rules of the GATT 1947. The provision proved to be effective as all the measures that were notified as pre-existing the WTO have been eliminated. Article 10 is a reflection of the old concern that gave rise to the negotiation of the Agreement on Safeguards: the need to eliminate grey-area measures or measures that escaped multilateral control.