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ARTICLE · 16 SEPTEMBER 2025

Concept Of 'Unforeseen Developments' In Safeguard Law: A Continuing Requirement Or A Fading Test?

Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
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Lakshmikumaran & Sridharan

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Safeguard measures, under World Trade Organisation (‘WTO') law, are recognised as one of the trade defence instruments that enable member nations to take emergency...

GlobalInternational Law

Introduction

Safeguard measures, under World Trade Organisation (‘WTO') law, are recognised as one of the trade defence instruments that enable member nations to take emergency action when increased imports cause or threaten to cause serious injury to a domestic industry. The legal foundation of safeguard measures is found in Article XIX of the General Agreement on Tariffs and Trade 1947, which has been carried forward to General Agreement on Tariffs and Trade 1994 (‘GATT'). Article XIX empowers WTO members to temporarily suspend their obligations or withdraw concessions where a sudden surge of imports, arising from ‘unforeseen developments'  results in or threatens to result in serious injury to the domestic industry.

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