The Establishment of Rules for the Application of Safeguard Measures Sample Clauses

The Establishment of Rules for the Application of Safeguard Measures. The fact that the Agreement on Safeguards ‘establishes’ rules implies that those rules did not exist prior to the agreement.22 The language of Article 1 is not hortatory: the Agreement on Safeguards ‘establishes’ and does not ‘suggest’ or ‘recommend’ those rules. Furthermore, the election of the term ‘rules’, and not softer, less binding standards, such as principles, guidelines, policies, best practices, or criteria, confirms the Members’ intent to establish a firm regula- tory framework for the application of safeguard measures. This firmness of purpose is consistent with the aim of the Agreement on Safeguards to clarify and reinforce the ‘disciplines’ of Article XIX of the GATT 1994 and to re- establish ‘control’ over safeguard measures. The Agreement on Safeguards is thus a prescriptive set of rules and not a code of best practices. Furthermore, the choice of the term ‘the application of safeguard measures’ shows that the purpose of the Agreement on Safeguards is operational. The rules of the Agreement on Safeguards regulate squarely ‘the application of safeguard measures’.23 The reference to this term must be construed as referring not only to the application of the measures strictly speaking, but also to the conduct of safeguard investigations, the making of determinations, and other aspects related to the application of safeguard measures. The choice of the term ‘for the application’ implies that the rules of the Agreement on Safeguards are intended to govern the process of introducing and giving legal effect to safeguard measures in the domestic jurisdiction of the Member concerned. However, as mentioned above, whether these rules could influence that process directly is a question that ultimately depends on the monist or dualist character of that Member.24 21 See, for instance, Paragraph 19(2)(b) of Schedule 5 of UK domestic law (WTO Doc. G/ADP/N/ 1/GBR/1, G/SCM/N/1/GBR/1, G/SG/N/1/GBR/1). 22 As compared to other WTO agreements, like the DSU, the Agreement on Safeguards is not an agreement that codifies or crystallizes rules that were developed by case law or previous practice.
Sample 1
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Related to The Establishment of Rules for the Application of Safeguard Measures

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