Book contents
- Law and Politics on Export Restrictions
- Cambridge International Trade and Economic Law
- Law and Politics on Export Restrictions
- Copyright page
- Dedication
- Contents
- Preface
- Table of Legislation
- Table of Cases
- Acronyms and Abbreviations
- 1 Introduction
- 2 WTO Rules on Export Restrictions
- 3 Governing Export Restrictions
- 4 Export Restrictions in the Global Supply Chain
- 5 Conclusion
- Bibliography
- Index
2 - WTO Rules on Export Restrictions
Published online by Cambridge University Press: 09 July 2021
- Law and Politics on Export Restrictions
- Cambridge International Trade and Economic Law
- Law and Politics on Export Restrictions
- Copyright page
- Dedication
- Contents
- Preface
- Table of Legislation
- Table of Cases
- Acronyms and Abbreviations
- 1 Introduction
- 2 WTO Rules on Export Restrictions
- 3 Governing Export Restrictions
- 4 Export Restrictions in the Global Supply Chain
- 5 Conclusion
- Bibliography
- Index
Summary
This chapter examines relevant rules regulating export restrictions under the WTO framework, covering a set of provisions relating to export restrictions, WTO-plus obligations and commitments in accession protocols and Working Party Reports, proposals in Doha negotiations and regulations in regional trade agreements (RTAs). Under current WTO rules, the most relevant are Article XI of the GATT, Article 12 of the Agreement on Agriculture and Article 11 of the Agreement on Safeguards. In addition, export restrictions may constitute domestic subsidies to domestic downstream producers. The critical point is whether such criteria for a subsidy necessitate ‘a charge on the public account’. Export restrictions may also give rise to anti-dumping investigations where the determination of normal values is a key. The attempt to remedy the regulatory deficiency under the WTO agreements through accession negotiation processes, Doha negotiations and in RTA contexts have resulted in a patchwork of legal rules and given rise a systemic issue: how to integrate obligations and commitments in the accession protocols and Working Party Reports into the WTO Agreemen.
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- Law and Politics on Export RestrictionsWTO and Beyond, pp. 20 - 111Publisher: Cambridge University PressPrint publication year: 2021