Book contents
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Agreement on Safeguards
from Volume 2
Published online by Cambridge University Press: 04 August 2017
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Summary
PREAMBLE
TEXT OF THE PREAMBLE
Members,
Having in mind the overall objective of the Members to improve and strengthen the international trading system based on GATT 1994;
Recognizing the need to clarify and reinforce the disciplines of GATT 1994, and specifically those of its Article XIX (Emergency Action on Imports of Particular Products), to re-establish multilateral control over safeguards and eliminate measures that escape such control;
Recognizing the importance of structural adjustment and the need to enhance rather than limit competition in international markets; and
Recognizing further that, for these purposes, a comprehensive agreement, applicable to all Members and based on the basic principles of GATT 1994, is called for;
Hereby agree as follows:
INTERPRETATION AND APPLICATION OF THE PREAMBLE
In Korea – Dairy, the Appellate Body referred to the Preamble of the Agreement on Safeguards as additional support for its finding that all provisions of both Article XIX of GATT 1994 and the Agreement on Safeguards apply cumulatively and must be given their full meaning and legal effect:
“Our reading . . . is consistent with the desire expressed by the Uruguay Round negotiators in the Preamble to the Agreement on Safeguards ‘to clarify and reinforce the disciplines of GATT 1994, and specifically those of its Article XIX . . .
- Type
- Chapter
- Information
- WTO Analytical IndexGuide to WTO Law and Practice, pp. 1221 - 1311Publisher: Cambridge University PressPrint publication year: 2012
References
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