In this article the author explores in detail the “unforeseen
developments” requirement in the Agreement on Safeguards under
the WTO. The author seeks to answer questions such as whether the requirement
(i.e., unforeseen developments must be demonstrated in order for safeguard
measures to be justified) is an integral part of the Agreement on Safeguards,
and how the subjectivity associated with this requirement contributes
to the difficulty of constructing a reasoned and adequate account of
the causal chain. The article also includes within its scope a brief
analysis of larger issues such as the political and economic rationale
behind safeguard measures, and how ambiguities in the Agreement on Safeguards
can destabilize the discipline of safeguards and defeat one of its major
purposes - to help countries nurture their infant industries. Finally,
the article reflects upon how India, being one of the leading users
of safeguard measures as of 2008, is likely to be affected by unclear
areas in the present legislation such as the unforeseen developments
clause.
Keywords: India, international trade, safeguards, unforeseen developments,
WTO
