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1. Introduction The rules and standards of tort liability are typically stated at a high level of generality, one which makes no mention of specific activities or given groups of [...]

TABLE OF CONTENTS I. INTRODUCTION 714 II. BACKGROUND 714 A. Policy 714 B. History 715 III. LEGAL ISSUES 717 A. Variable Concepts 717 B. Domestic Industry 718 C. Serious Injury [...], This paper provides a textual analysis of the U.S. and the WTO legislative materials governing the application of safeguards, and analyzes the major issues as addressed in the WTO cases brought against the U.S. that challenge U.S.-imposed safeguards. The problem presented concerns the potential viability of safeguards as a trade remedy, in light of the thesis that the Appellate Body has made it virtually impossible for the U.S. to adequately defend a safeguard measure in the WTO dispute settlement system. This paper examines the inconsistencies in the Appellate Body's analysis, the failed attempts by the U.S. to comply with the increasingly stringent requirements of the Appellate Body, and how the confusion in the Appellate Body's analysis provides no clear guidance to Member States in effectively imposing safeguards and in fact signals a lack of deference to Member States' decisions to utilize safeguards as a trade remedy.