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3 - Governing Export Restrictions

National Security and International Political Economy

Published online by Cambridge University Press:  09 July 2021

Chien-Huei Wu
Affiliation:
Academia Sinica, Taipei, Taiwan
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Summary

The architects of the post-war international economic order set out for the legal framework for liberal international trade underpinned by the GATT regime. Nonetheless, the East–West division necessitated a regime regulating trade between these two camps with the main objective to prevent strategic and technological articles transferred to the Soviet Bloc. Russia joins the Wassenaar Arrangement (the successor of COCOM) while China is still out. The market economy oriented GATT/WTO widens its membership and importantly accepted China in 2001 and Russia in 2012. Its diversified memberships make it a real ‘world trade organisation’ but at the same time introduce huge challenges for its governance, as manifested in the proliferation of national security exception. Whether the national security exceptions is ‘self-judging’ has been debated since the GATT era, but intensified in the past decade owing to the transformation of ‘negative consensus’ to ‘positive consensus’. The ‘self-judging’ debates of national security points to the underlying tension between sovereign as masters of treaties and adjudicator as treaty-interpreters.

Type
Chapter
Information
Law and Politics on Export Restrictions
WTO and Beyond
, pp. 112 - 191
Publisher: Cambridge University Press
Print publication year: 2021

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  • Governing Export Restrictions
  • Chien-Huei Wu, Academia Sinica, Taipei, Taiwan
  • Book: Law and Politics on Export Restrictions
  • Online publication: 09 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953566.006
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  • Governing Export Restrictions
  • Chien-Huei Wu, Academia Sinica, Taipei, Taiwan
  • Book: Law and Politics on Export Restrictions
  • Online publication: 09 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953566.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Governing Export Restrictions
  • Chien-Huei Wu, Academia Sinica, Taipei, Taiwan
  • Book: Law and Politics on Export Restrictions
  • Online publication: 09 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108953566.006
Available formats
×