Please use this identifier to cite or link to this item: http://hdl.handle.net/10419/205815
Authors: 
Malkawi, Bashar H.
Year of Publication: 
2016
Citation: 
[Journal:] Estey Journal of International Law and Trade Policy [ISSN:] 1496-5208 [Volume:] 17 [Issue:] 1 [Pages:] 16-40
Abstract: 
The only import relief mechanisms available under the U.S.-Arab countries FTAs are safeguard measures. These FTAs do not include provisions on antidumping and countervailing duties.The present article consists of an analysis of the safeguard measures incorporated in the U.S.-Arab countries FTAs. Specifically, the article will outline the standards-injury and causation- used to apply safeguard measures. Furthermore, the article illustrates remedies available for domestic industries and duration of these remedies. The article also presents the issue of global safeguard measures and the exclusion of imports of parties in the FTAs from global safeguard actions. Finally, the article will address special safeguard measures for selected sectors namely textile and agriculture. The article concludes by arguing that the presence of safeguard measures in any FTA is necessary to facilitate the transition to a liberalized trade regime and accommodate the needs of domestic industries in the face of increased competition from other industries in trading partners. However, survey of U.S.-Arab countries FTAs demonstrates the great influence the U.S. exerted in articulating the safeguard provisions with no or little consideration of the needs of Arab countries and their domestic industries. A flexible safeguard regime should be adopted.
Subjects: 
safeguard measures
international trade
WTO
US-Jordan Free Trade Agreement
JEL: 
F10
F13
F19
F02
Document Type: 
Article
Document Version: 
Published Version

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