Emergency Safeguard Research Articles

Trade Remedy Rules for Digital Services: Inapplicability of GATT-type Safeguard Rules

Digitalization considerably complicates the application of previous trade remedy norms to the new and expanding digital services trade, and there is a need to reprioritize and restructure the existing framework to reflect this difference. Emergency safeguard is an essential element in the trade regime, but the classic concept of GATT-type safeguard measures that is based on a dichotomy of tariff and nontariff barriers and clear-cut rules between goods and services are not suitable for regulating the expanding digital services transactions where barriers tend to be much more diverse and less obvious. Hence, a new trade remedy framework must incorporate the elements of convergence, interconnectedness and externality, while taking a sectoral approach, as generic rules on trade remedies that cater to all possible scenarios and sectors are no longer suitable in these realms. It must prioritize rules-making on subsidies and domestic tax schemes, while also considering for issues specific to the digital features such as data flow restrictions and their implications. Digital trade, digital services, trade remedy rules, emergency safeguard, GATT

Research on the Evaluation Index System of the Taxi Operation and Service in Airport Hubs

Passengers changing to taxis in airport hubs are facing problems such as complicated transfer lines, long transfer distance and time, stranded at taxi stands, and imperfect emergency safeguard measures. Combining with the trend of smart passenger services under the development of new generation of information technology, this paper constructs a set of taxi operation and service evaluation index system reflecting unique attributes of the airport hub collection and distribution system. The index system considers the rationality of taxi infrastructure configuration, the matching of passenger service facilities, collection and distribution efficiency, transfer efficiency, etc. It also discusses index quantification and evaluation methods. Aiming at the real-time prediction of inbound flight passenger flow, taxi sharing rate and taxi capacity, the realization process of prediction models is proposed based on the big data method. Meanwhile, combining with the combing of comprehensive transportation operation information systems of hubs, it proposes to extract data from information systems to calculate some index values. The establishment of this index system can provide a strong reference for the evaluation of other transportation modes and the overall hub, and provide decision support for the optimization and improvement of taxi dispatch and overall operation and service of airport hubs.

A Study on the Legal Issues Arising from the Investigation on Various Industrial Impacts of Trade in Services Outside of the WTO Framework

This paper examines existing multilateral trade agreements except the WTO in terms of their regulations concerning investigation on industrial impacts of trade in services. The main purpose of the paper is to provide possible legal reference for continuing to promote negotiations on emergency safeguard measures in WTO trade in service. Mainly through Legal Positivism, in terms of identifying industrial impacts of trade in services, there are clear and objective regulations within the European Union and in its multilateral agreements with Eastern European countries; NAFTA permits Mexico to take protectionist measures in banking and financial services, and has established relevant standards for industrial impacts; the bilateral trade agreements signed by China and other countries are mostly treaties of principle, thus not unpractical. To reach an agreement on this issue so as to facilitate trade in services, this paper suggested that the international community should promote the WTO to adopt investigation on industrial impacts of trade in services, so as to further increase multilateral disciplines.

Assessments of the Effectiveness of an Earthquake Emergency Plan Implementation with Hesitant Analytic Hierarchy Process

Numerous earthquakes occur throughout the world, and thus, earthquake emergency plan is a significant issue that concerns everyone in the affected areas. However, the absence of an effective, scientific assessments system may lead to a lack of awareness about the effectiveness and comprehensiveness of earthquake emergency plan implementation. This delays the construction of emergency plan and leads to low operational efficiency. In order to improve this situation, this paper aims to efficiently assess the earthquake emergency plan implementation to accelerate the replenishment and the amendment of the earthquake emergency plan. Firstly, we review the existing researches on the earthquake emergency system and some guidelines and plans of earthquake emergency. Secondly, we carefully conduct 30 indicators to assess the effectiveness of earthquake emergency plan implementation in terms of operational mechanism, emergency response, and emergency safeguards. Thirdly, according to the characteristic information obtained from the effectiveness assessments of earthquake emergency plan implementation, and based on the advantages of hesitant fuzzy elements for expressing information, we develop a method for the effectiveness assessments of earthquake emergency plan implementation using hesitant analytic hierarchy process (HAHP). Furthermore, we apply the method to assess the Wenchuan, Yushu and Lushan earthquakes, and also compare our method with the analytic hierarchy process. Based on our analysis, we conclude that the HAHP is highly suitable for assessments of earthquake emergency plan implementation’s effectiveness.

The Doha Round and the Future Architecture of the Multilateral Regulation of Trade in Services

At the multilateral level, the General Agreement on Trade in Services (GATS) regulates trade in services. Considered a framework agreement, GATS contains a built-in negotiation mandate to further develop disciplines on services trade. These negotiations have, in the context of the Doha Round, been going on since 2001. Although nowhere near conclusion, a potential deal on trade in services is likely to have a substantial impact on the architecture of GATS. This paper analyses the Doha Round services negotiations in order to provide an insight into these possible changes. It first addresses the two parallel tracks on which the services negotiations are being conducted. The first track consists of multilateral negotiations on domestic regulation, emergency safeguards, government procurement and subsidies. The second track involves a bi- or plurilateral request-offer approach on market access. Subsequently, the paper focuses on a ‘third track’ of service negotiations, comprised of talks on electronic commerce and on modalities for least-developed countries. Lastly, the negotiations on the plurilateral international services agreement are addressed. The paper concludes that, while the different subjects require different solutions, plurilateral negotiations within the multilateral framework might be an, albeit difficult, way forward in unblocking the multilateral stalemate.

Issues on the automation and information of clinical laboratories

This article describes the development,components and function of the laboratory automation system (LAS) and laboratory information system(LIS). And it also discusses the construction and application laboratory automation,and the operation of the automated laboratory information system. Key words: Laboratory automation system (LAS); Laboratory information system (LIS); Hospital information system (HIS); Emergency safeguard measures

Electronic Emergency Safeguards

Germany is challenged by the phenomenon of aging societies with increasing risks of age-related diseases that frequently result in the general loss of the ability to lead an independent, self-determined life. Instead of continuing to focus on the provision of care in nursing homes, the public should be concentrating its efforts on preserving elders’ independence in their own homes for as long as possible. We claim that electronic systems designed to assist people in their day-to-day lives, which make use of ambient intelligence technology, have the potential to promote “aging in place.” As an example of an electronic life-assistance system, we describe the architecture and operation of an emergency safeguard system developed as part of the EU project EMERGE.

Negotiations on Safeguards and Subsidies in Services: a Never-ending Story?

After the Uruguay Round, negotiations under the General Agreement on Trade in Services (GATS) continued in several rule-making areas, including emergency safeguards and subsidies. However, there has been little progress to date. The negotiations on safeguards appear to have suffered from a combination of high ambition, limited flexibility and, possibly, too much inspiration from the existing mechanism under the General Agreement on Tariffs and Trade (GATT). Yet the GATS is different in at least two respects: its reach has been extended from cross-border trade to factor flows, and from an essentially tariff-only regime to many more permissible restrictions, including import-displacing subsidies. The question arises, whether and where safeguards could still serve a useful purpose. At the same time, with less enthusiasm, however, WTO Members have discussed the need for additional subsidy disciplines beyond current Most-Favoured-Nation (MFN) and, in scheduled sectors, national treatment obligations. A link between the two areas has not been established. This article thus seeks to identify and, as far as possible, tie up loose ends. While there appears to be little scope for GATT-type safeguards in services, a transitory arrangement, which allows for suspensions of new commitments during an implementation phase, might encourage more ambitious liberalization under the GATS.

Would Emergency Safeguard Measures Work for Services?

Discussions in the WTO on Emergency Safeguards Measures (ESMs) for services are now stalemated. While possibly justified on political economy grounds if they resulted in WTO members making more liberal commitments, their main supporters (ASEAN minus Singapore) have not amply demonstrated their desirability or technical feasibility (legal and economic means). The GATS already has sufficient in-built flexibility, and several forms of de facto safeguard provisions and other measures exist. The economic case for ESMs is weak, and the efficiency costs from capture by protectionists and lost investment from restricting established foreign investors could be potentially large. The proposed ASEAN model essentially replicates the goods’ ESM, and has a number of deficiencies, such as having no national interest or economic test. The paper suggests a number of ways that the ASEAN model could be improved if the case for ESM on services was accepted. It also examines, as an alternative to an ESM, the possibility of members introducing a waiver to temporarily withdraw services commitments should an emergency situation arise.

Would Emergency Safeguard Measures Work for Services?

Discussions in the WTO on Emergency Safeguards Measures (ESMs) for services are now stalemated. While possibly justified on political economy grounds if they resulted in WTO members making more liberal commitments, their main supporters (ASEAN minus Singapore) have not amply demonstrated their desirability or technical feasibility (legal and economic means). The GATS already has sufficient in‐built flexibility, and several forms of de facto safeguard provisions and other measures exist. The economic case for ESMs is weak, and the efficiency costs from capture by protectionists and lost investment from restricting established foreign investors could be potentially large. The proposed ASEAN model essentially replicates the goods’ ESM, and has a number of deficiencies, such as having no national interest or economic test. The paper suggests a number of ways that the ASEAN model could be improved if the case for ESM on services was accepted. It also examines, as an alternative to an ESM, the possibility of members introducing a waiver to temporarily withdraw services commitments should an emergency situation arise.

Condições para negociações do acordo sobre o comércio de serviços (GATS) na Organização Mundial do Comércio (OMC)

O artigo procura identificar algumas das condições necessárias ao avanço das negociações do GATS na OMC. Sustenta a manutenção da estrutura flexível do GATS, a qual permite aos Membros assumir compromissos de acordo com os objetivos e suas políticas públicas de desenvolvimento. Trata de algumas solicitações de abertura formuladas no formato de negociações plurilaterais, tais como as relativas ao setor de serviços audiovisuais, de telecomunicações e de informática. Discorre acerca da importância do art. VI.4 do GATS, que dispõe sobre Regulamentação Doméstica, e postula a manutenção do espaço dos Membros para regular seu setor de serviços. Salienta, por fim, a necessidade e criação de certas regras, tais como as atinentes a subsídios e salvaguardas emergenciais.

Services Negotiations in the Doha Round: Promise and Reality

The paper analyzes the state of play in the negotiations and the challenges facing meaningful services trade liberalization in the Doha Round. In tracing the treatment of services in the WTO, the reasons are examined for the success of the 1997 financial and telecommunications services negotiations and how those negotiations marked the entry of services companies and associations as advocates for services liberalization in the WTO. High expectations for substantial reductions in barriers to services trade emerged from the 1997 negotiations, but thus far remain unfulfilled. In the Doha Round the quality of offers has been poor and little progress has been made primarily because many WTO Members cannot perceive the economic benefits of trade liberalization. It is argued that this Round’s success is contingent upon the ability of the developed countries to respond to the legitimate concerns of the developing countries. However, too much attention has been given to trying to find a formula for services liberalization and not enough on hard bilateral bargaining. After analyzing various proposals put forth to jumpstart the talks, the paper suggests grouping key WTO Members and identifying “incentives that will motivate those groups.” The countries of greatest interest to the United States can be divided into three groups. Offers in agriculture, temporary entry, and emergency safeguards would appeal to each of these and provide a basis for progress. It is concluded that “a Doha Round that does not contain substantial benefits for services is a Round that will have failed” and will not have industry support if it is to be implemented by the US Congress. J. Robert Vastine is the President of US Coalition of Service Industries (CSI) in Washington, DC. Prior to joining the CSI, he served as President of the Congressional Economic Leadership Institute, a bi-partisan, non-profit foundation that helps educate Congress on issues affecting US economic competitiveness. His extensive Capitol Hill experience includes posts as Staff Director of the Senate Republican Conference, Minority Staff Director of the Senate Committee on Government Affairs; Legislative Director for Senator John H. Chafee of Rhode Island; and Legislative Assistant for Congressman Thomas B. Curtis of Missouri. His Executive Branch experience includes service as Deputy Assistant Secretary of the Treasury for International Trade and Raw Materials Policy and Vice President of the Oversight Board of the Resolution Trust Corporation, which was chaired by Secretaries of the Treasury Brady and Bentsen, and he has had extensive private-sector experience. Vastine is Chairman of the official Industry Trade Advisory Committee for International Trade in Services (ITAC 10), which advises the US Trade Representative. He was a fellow of the Institute of Politics of the John F. Kennedy School of Government at Harvard University, and has written a number of articles on US trade policy. Vastine is a graduate of Haverford College and the Johns Hopkins University School for Advanced International Studies.

The Political Economy of Trade Protection: The Determinants and Welfare Impact of the 2002 US Emergency Steel Safeguard Measures

This paper analyses the political economy of trade protection in the context of the factors determining the US Emergency Safeguard Measures for steel imposed March 2002. The paper identifies several factors in addition to the official justification stated problems of global over-capacity and the penetration of imports in the US market, namely the continued failure to restructure poorly performing firms, failure of previous attempts at protection and the influence of the domestic steel lobby and short-term political gains to the Bush Administration of protectionist action. The paper also reviews several ex ante and ex post empirical studies of the impact of the steel Safeguards on the steel industry and downstream steel-consuming activities. All of these studies find that the costs of the Safeguard Measures outweighed their benefits in terms of aggregate GDP and employment as well as having an important redistributive impact. The paper provides a brief summary of the subsequent WTO steel case and the final resolution of the dispute. The evidence suggests that the steel Safeguards owed more to political expediency than justification for protection under the WTO rules.

Completing the GATS Framework: Addressing Uruguay Round Leftovers

This paper explores three ongoing areas of rule-making activity under the General Agreement on Trade in Services ‐ emergency safeguards (ESM), subsidies and government procurement. It suggests that as policy makers turn their attention to a range of new issues in the context of a second set of GATS negotiations, it is essential that new impetus be given to completing what the Uruguay Round left unfinished. The paper first examines the desirability, feasibility and prospects for developing multilateral rules on an emergency safeguard mechanism and trade distorting subsidies, in the context of the ongoing GATS negotiations. Using the existing framework of trade in goods as a model, the paper examines whether and how relevant GATT principles might be applicable in these two areas in the context of services trade. The paper suggests that the very feasibility of an ESM remains an open question, given the state of our knowledge of services trade. The paper cautions, however, that the clear political expectation on the part of many developing countries that concrete disciplines must arise from the current discussions suggests that it is likely that the GATS will feature some form of ESM in the future, much as its ultimate substantive provisions and operational modalities remain to be determined. On subsidies, the paper suggests that the desirability of disciplines in this area will require a more thorough identification phase to determine the extent to which subsidies exist in services industries and result in adverse trade or investment effects. As with safeguards, the feasibility of subsidy disciplines will need to factor in the specificities of services trade and investment. While some guidance could come for the SCM Agreement, it is not a panacea. The paper’s third section turns its attention to whether and how disciplines governing public purchases of services should best be addressed under WTO law. The paper suggests that procurement regimes for services, even if explicitly discriminating against foreign suppliers, are unlikely to have major repercussions on domestic or foreign welfare so long as markets are contestable. The priority issue from a developing country perspective may therefore lie more in removing barriers to access (i.e. trade) and presence (investment) in goods and services markets and enforcing domestic competition laws than in developing a GATS-anchored set of procurement disciplines.

Emergency Safeguard Measures under Article X in GATS-Applicability of the Concepts in the WTO Agreement on Safeguards

Emergency Safeguard Measures under Article X in GATS-Applicability of the Concepts in the WTO Agreement on Safeguards

Sulphur trioxide and oleum hazard assessment

Abstract Sulphur trioxide and strong oleums are some of the most corrosive materials used in general chemical manufacture. Because of their explosive reactivity with water and water vapour, the evaluation of hazard and the consequences to humans following a spill is difficult and no published method exists. Following amendment of the EC Directive, sulphur trioxide has now been added to the list of substances under the CIMAH regulations for which installations will have to prepare safety reports for submission to HSE. This paper reviews past incidents involving these materials and gives a method for assessing hazard and consequences dealing with spills on wet or dry ground. Using a toxicology criterion, a method for calculating maximum downwind hazard ranges is given for a range of typical release cases. The effectiveness of certain emergency actions and safeguards are discussed.