Abstract
Safeguards investigations require an examination of the costs and prices of production of the imported product but are at the same time vested on the harm caused by an unforeseen surge of imports. Environmental considerations under the SGA are therefore not as much related to environmental costs but concern the impact of environmental policies on import and export streams on the global market. This chapter analyses how investigating authorities around the world have considered environmental policies in safeguards investigations. In addition, it proposes to expand the scope of the safeguards mechanism motivated by non-economic considerations.
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Notes
- 1.
Barceló (1994), pp. 16–17.
- 2.
Art. 2.1 SGA.
- 3.
Appellate Body report, Argentina – Safeguard Measures on Imports of Footwear, WT/DS121/AB/R, adopted 12 January 2000, para. 131.
- 4.
Appellate Body report, United States – Definitive Safeguard Measures on Imports of Certain Steel Products, WT/DS248, 249, 253, 258/AB/R, adopted 10 December 2003, para. 353–356.
- 5.
Panel report, Argentina – Definitive Safeguard Measure on Imports of Preserved Peaches, WT/DS238/R, adopted 15 April 2003, para. 7.35; Panel Report, Dominican Republic – Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric, WT/DS417/R, adopted 22 February 2012, para. 128–129.
- 6.
Appellate Body, United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb from New Zealand, WT/DS177/AB/R, adopted 16 May 2001, para. 124 and 126.
- 7.
See Sect. 3.2.3.2.3 above.
- 8.
See Committee on Safeguards, Notification Under Article 12.1(b) of the Agreement on Safeguards of a Finding of Serious Injury or Threat Thereof Caused by Increased Imports, Madagascar, Lubricating oils, G/SG/N/8/MDG/7, 20 July 2020.
- 9.
Panel report, United States – Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products, WT/DS562/R, circulated 2 September 2021, para. 7.26.
- 10.
Ibid.
- 11.
Committee on Safeguards, Notification Under Article 12.1(b) of the Agreement on Safeguards on Finding a Serious Injury or Threat Thereof Caused by Increased Imports, Notification of a Proposal to Impose a Measure, Notification Pursuant to Article 9, Footnote 2, of the Agreement on Safeguards, India, Solar Cells Whether or not assembled in modules or panels, G/SG/N/8/IND/31/SUPPL.1, 2 August 2018.
- 12.
Art. 2.1 SGA.
- 13.
See Committee on Safeguards, Notification under Article 12.4 of the Agreement on Safeguards Before Taking a Provisional Safeguard Measure Referred to in Article 6, Notification under Article 12.1(b) of the Agreement on Safeguards on Finding a Serious Injury or Threat Thereof Caused by Increased Imports, Notification Pursuant to Article 9, Footnote 2 of the Agreement on Safeguards, India, Sodium Hydroxide, also known as Caustic Soda, G/SG/N/8/IDN/19; G/SG/N/10/IDN/19, 23 November 2009.
- 14.
Panel report, Korea – Definitive Safeguard Measure on Imports of Certain Dairy Products, WT/DS98/R, adopted 12 January 2000, para. 7.108.
- 15.
See Committee on Safeguards, Notification under Article 12.1(b) of the Agreement on Safeguards on Finding a Serious Injury or Threat Thereof Caused by Increased Imports, Notification under Article 12.1(c) of the Agreement on Safeguards on Taking a Decision to Apply a Safeguard Measure, Notification Pursuant to Article 9, Footnote 2, of the Agreement on Safeguards, Egypt, Automotive Batteries, G/SG/N/8/EGY/8; G/SG/N/10/EGY/8; G/SG/N/11/EGY/10, 26 October 2015.
- 16.
See Committee on Safeguards, Notification under Article 12.5 of the Agreement on Safeguards of the Results of a Mid-Term Review Referred to in Article 7.4, Indonesia, Seamless pipe casing and tubing, G/L/1120; G/SG/N/13/IDN/2, 8 September 2015.
- 17.
See Committee on Safeguards, Notification Under Article 12.1(b) of the Agreement on Safeguard on Finding a Serious Injury or Threat Thereof Caused by Increased Imports, Notification of a Proposal to Extend a Measure, Indonesia, I and H Sections of Other Alloy Steel, G/SG/N/8/IDN/4/SUPPL.3; G/SG/N/10/IDN/4/SUPPL.3, 13 May 2022.
- 18.
Trebilcock and Trachtman (2020), pp. 112–113.
- 19.
See Sect. 3.2.2.3 above.
- 20.
Patterson (1992), pp. 103–104.
- 21.
Ibid.
- 22.
Ibid.
- 23.
Rodrik (2018), p. 4.
- 24.
Ibid, p. 5.
- 25.
Rodrik (2011), pp. 252–259.
- 26.
Rodrik (2018), p. 5.
References
Barceló JJ III (1994) Countervailing against environmental subsidies. Can Bus Law J 23(1):3–22
Patterson E (1992) GATT and the environment. Rules challenges to minimize adverse trade and environmental effects. J World Trade 26(3):99–109
Rodrik D (2011) The globalization paradox: democracy and the future of the world economy. W.W. Norton & Co., New York
Rodrik D (2018) Towards a More Inclusive Globalization: An Anti-Social Dumping Scheme. ECONFIP Research Brief
Trebilcock MJ, Trachtman J (2020) Advanced introduction to international trade law, 2nd edn. Edward Elgar, Cheltenham/Northampton
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Van Vaerenbergh, P. (2023). Low Environmental Standards and the SGA Rules. In: Greening Trade Remedies. European Yearbook of International Economic Law(), vol 31. Springer, Cham. https://doi.org/10.1007/978-3-031-38172-0_7
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