Document Type : Research Article
Author
Abstract
The operation of World Trade Organization (WTO) remained suspended and revived
several times over the past few decades. The mandate was given to World Trade
Organization (WTO) to ensure economic efficiency in international trade while allowing
for the optimal use of world’s resources in line with the objective of sustainable
development, to establish reciprocal and mutually advantageous arrangements in order to
substantially re-duce the unjustified tariff’s and other trade frictions and abolishment of
discriminatory conduct in global trade by accelerating the multilateral trading systems.
For seven decades the safeguard measures in Multilateral Trading Phase (MTP) remain
stagnant before being incorporated in 1994. However, alleged security instances already
prevail in many other (WTO) provisions, including the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) and Agreement on safeguards. The
excessive application of article XXI (a)(i) of GATT posing explosive trade disputes
including Violative tariff’s fixed by the United States and like trade limitations inflicted by
Russia and the United Arab Emirates (UAE)challenged the statutory framework and
existence of the World Trade Organization. It has raised a question that how these
“parturient trade constraints” under the umbrella of security exceptions be interpreted or
imposed? Either these are self-judging, binding through judicial precedent, or institutional
interpretation? The members of WTO shall take this as a matter of grave concern in order
to rejuvenate the escalating challenges to international trade and to reinstate the equitable
competitive business atmosphere for all entrants globally. The WTO being symbolic
international trade institution shall have to make speaking ruling on the scope, meaning
and application of these security exceptions. The protectionist tariffs recommended by the
International Trade Commission (ITC) and Commerce Department of United States are
not in line with the spirit of GATT, Anti-Dumping Agreement and Agreement on
Safeguards. The World Trade Organization (WTO) will have to take serious initiatives for
international regulation of Anti- Dumping Measures.
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