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Agreement on Safeguards

from Volume 2

Published online by Cambridge University Press:  04 August 2017

Legal Affairs Division, World Trade Organization
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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 Index
Guide to WTO Law and Practice
 , pp. 1221 - 1311
Publisher: Cambridge University Press
Print publication year: 2012

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References

(footnote original) The New Shorter Oxford English Dictionary Brown, Clarendon Press 1993 52

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