Details
| Originalsprache | Englisch |
|---|---|
| Seiten (von - bis) | 227-251 |
| Seitenumfang | 25 |
| Fachzeitschrift | World trade review |
| Jahrgang | 16 |
| Ausgabenummer | 2 |
| Frühes Online-Datum | 10 März 2017 |
| Publikationsstatus | Veröffentlicht - 1 Apr. 2017 |
Abstract
The Panel Report in Ukraine-Passenger Cars provides an opportunity to revisit an old debate over the role of safeguard measures in the WTO. With regard to the legal findings, the Panel followed the established jurisprudence in this area, and found a number of violations of the Safeguards Agreement. With regard to the economics, we delve more deeply into the economic and political background of the safeguards investigation. Ukraine was hit by the economic crisis shortly after its WTO accession that significantly liberalized import tariffs on passenger cars. Next, we offer a de novo look at the injury and causation issues in this case, and discuss the challenges of an industry reliant on offshored production that sees a safeguard as a mechanism to attract foreign direct investment (FDI) for production. We conclude with an assessment of the operation of the WTO's safeguards regime, along with some tentative suggestions for reform. Overall, our examination of the economic analysis by the investigating authority and the legal review by the WTO Panel raises questions about particular aspects of the domestic and WTO processes, but concludes that the system worked well in this case.
ASJC Scopus Sachgebiete
- Volkswirtschaftslehre, Ökonometrie und Finanzen (insg.)
- Volkswirtschaftslehre und Ökonometrie
- Sozialwissenschaften (insg.)
- Politikwissenschaften und internationale Beziehungen
- Sozialwissenschaften (insg.)
- Recht
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in: World trade review, Jahrgang 16, Nr. 2, 01.04.2017, S. 227-251.
Publikation: Beitrag in Fachzeitschrift › Übersichtsarbeit › Forschung › Peer-Review
}
TY - JOUR
T1 - Does Safeguards Need Saving? Lessons from the Ukraine-Passenger Cars Dispute
AU - Gnutzmann-Mkrtchyan, Arevik
AU - Lester, Simon
PY - 2017/4/1
Y1 - 2017/4/1
N2 - The Panel Report in Ukraine-Passenger Cars provides an opportunity to revisit an old debate over the role of safeguard measures in the WTO. With regard to the legal findings, the Panel followed the established jurisprudence in this area, and found a number of violations of the Safeguards Agreement. With regard to the economics, we delve more deeply into the economic and political background of the safeguards investigation. Ukraine was hit by the economic crisis shortly after its WTO accession that significantly liberalized import tariffs on passenger cars. Next, we offer a de novo look at the injury and causation issues in this case, and discuss the challenges of an industry reliant on offshored production that sees a safeguard as a mechanism to attract foreign direct investment (FDI) for production. We conclude with an assessment of the operation of the WTO's safeguards regime, along with some tentative suggestions for reform. Overall, our examination of the economic analysis by the investigating authority and the legal review by the WTO Panel raises questions about particular aspects of the domestic and WTO processes, but concludes that the system worked well in this case.
AB - The Panel Report in Ukraine-Passenger Cars provides an opportunity to revisit an old debate over the role of safeguard measures in the WTO. With regard to the legal findings, the Panel followed the established jurisprudence in this area, and found a number of violations of the Safeguards Agreement. With regard to the economics, we delve more deeply into the economic and political background of the safeguards investigation. Ukraine was hit by the economic crisis shortly after its WTO accession that significantly liberalized import tariffs on passenger cars. Next, we offer a de novo look at the injury and causation issues in this case, and discuss the challenges of an industry reliant on offshored production that sees a safeguard as a mechanism to attract foreign direct investment (FDI) for production. We conclude with an assessment of the operation of the WTO's safeguards regime, along with some tentative suggestions for reform. Overall, our examination of the economic analysis by the investigating authority and the legal review by the WTO Panel raises questions about particular aspects of the domestic and WTO processes, but concludes that the system worked well in this case.
UR - http://www.scopus.com/inward/record.url?scp=85015223356&partnerID=8YFLogxK
U2 - 10.1017/S1474745616000525
DO - 10.1017/S1474745616000525
M3 - Review article
AN - SCOPUS:85015223356
VL - 16
SP - 227
EP - 251
JO - World trade review
JF - World trade review
SN - 1474-7456
IS - 2
ER -