In: Economics
What does the escape clause mean? What are safeguard tariffs?
An escape clause is a provision inserted in a legal instrument
to supplement or cure the defect in the main rule, especially where
the main rule has little or no connection with the issue to be
resolved before the court.
Escape clauses honour the claim that no legal instrument is perfect
and strive to improve the instrument by giving the court the
discretion to locate the law of a country that is more or most
closely connected with the subject-matter.
Article XIX of the GATT permits the imposition of safeguard measures (that is, emergency import restrictions) to counteract sharp and sudden increases in imports. Under this Article, import restrictions may be imposed if certain conditions are met: experience of serious injury by the domestic industry, no discrimination in application, and causal relationship between imports and injury.