Emergency Safeguard Measures in the GATS: Beyond Feasible or Desirable

Mario Marconini* Executive Summary The paper gives an overview of the issues arising in the context of WTO negotiations on an emergency safeguards mechanism (ESM) for services. After reviewing the history of these negotiations, the paper makes the case for adopting an ESM in services. It explains specific aspects of such a mechanism (elements include the safeguards situation, the definition of domestic industry, modal application, applicable measures, compensation and S&D) and also provides options and recommendations in relation to each of these issues. The paper addresses the arguments raised against the adoption of an ESM in services and concludes by making suggestions on the modalities for applying emergency safeguards measures in services. * The views expressed in this paper are those of the author and do not necessarily reflect the views of the UNCTAD Secretariat. UNCTAD/DITC/TNCD/2005/4