Safeguard Measures in WTO

The doctrine of precedent is getting established in WTO and seems to be there to stay however much it is argued otherwise. Neglect of this fact means that we are overlooking some of the problematic developments in WTO jurisprudence. This is quite evident from the integration of the requirement of unforeseen developments for a WTO consistent safeguard measure. While the interpretation given by the Appellate Body in two recent cases might be correct according to the rules of interpretation it does not address the realities of the negotiation process where tariff cuts are made according to formulae accepted by a process of bargaining. Are we seeing the victory of formalism in international jurisprudence in WTO matters?