Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pjpqr Total loading time: 0 Render date: 2024-06-24T02:48:13.342Z Has data issue: false hasContentIssue false

8 - Article 8, Level of Concessions and Other Obligations

Published online by Cambridge University Press:  19 May 2022

Fernando Piérola-Castro
Affiliation:
Senior Counsel, Advisory Centre on WTO Law, Geneva
Get access

Summary

Chapter 8 explains a process that is unique to the multilateral safeguard mechanism and that is sometimes misunderstood: the process of rebalancing. The chapter examines the conceptual questions that arise with the general notion of rebalancing as relating to a negotiation-derived consequence. It notes that the obligation of maintaining the balance of concessions informs the whole rebalancing exercise, in particular the consultations under Articles 8.1 and 12.3, the consideration of the means of compensation, and the notion of the withdrawal of substantially equivalent concessions and other obligations under the GATT 1994. The Chapter also explains the temporary suspension of the right to take rebalancing action under Article 8.2, and the natural tension that exists between the mandates of this provision and the conduct of dispute settlement proceedings under the DSU.

Type
Chapter
Information
WTO Agreement on Safeguards and Article XIX of GATT
A Detailed Commentary
, pp. 253 - 273
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×