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Defining the Legal Boundaries of Export Restrictions: A Case Law Analysis

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  • Baris Karapinar

Abstract

It is widely recognized that the World Trade Organization (WTO) law on export restrictions is an area of 'under-regulation'--as it neither defines the circumstances that justify quantitative restrictions nor regulates export duties. There are also additional legal uncertainties due to the 'WTO-plus' commitments imposed on a few new Members. In the absence of legal clarity, it is crucial to have a consistent interpretation of the existing law and the jurisprudence. In this context, by analysing five relevant cases which have been brought before the WTO/General Agreement on Tariffs and Trade (GATT) Dispute Settlement Body (DSB), including the recent China -- Raw Materials, this article attempts to shed light on the legal boundaries of export restrictions. It examines the panels' interpretation of the definition of the relevant legal terms, such as 'critical shortage' of 'essential products', and 'temporarily applied'. It reviews the accession protocols of the new Members, and analyses how the emerging case law might constrain their policy space. It also scrutinizes the panels' interpretation of GATT Article XX in examining the relationship between the design of export restrictions and their intended environmental objectives. It is envisaged that the case law analysis of the legal scope of export restrictions could inform the future reform efforts in this field. The Author 2012. Published by Oxford University Press. All rights reserved., Oxford University Press.

Suggested Citation

  • Baris Karapinar, 2012. "Defining the Legal Boundaries of Export Restrictions: A Case Law Analysis," Journal of International Economic Law, Oxford University Press, vol. 15(2), pages 443-479, June.
    • Handle: RePEc:oup:jieclw:v:15:y:2012:i:2:p:443-479
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    File URL: http://hdl.handle.net/10.1093/jiel/jgs021
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    Citations

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    Cited by:

    1. Charlier, Christophe & Guillou, Sarah, 2014. "Distortion effects of export quota policy: an analysis of the China-Raw Materials dispute," China Economic Review, Elsevier, vol. 31(C), pages 320-338.
    2. repec:hal:wpspec:info:hdl:2441/f6h8764enu2lskk9p504jih2g is not listed on IDEAS
    3. Karapinar, Baris & Tanaka, Tetsuji, 2013. "How to Improve World Food Supply Stability Under Future Uncertainty: Potential Role of WTO Regulation on Export Restrictions in Rice," 135th Seminar, August 28-30, 2013, Belgrade, Serbia 160387, European Association of Agricultural Economists.
    4. Nilsson Hakkala, Katariina & Pan, Yao, 2019. "Emerging Trade Battlefield with China: Export Competition and Firm’s Coping Strategies," ETLA Working Papers 71, The Research Institute of the Finnish Economy.
    5. repec:hal:spmain:info:hdl:2441/f6h8764enu2lskk9p504jih2g is not listed on IDEAS
    6. Anania, Giovanni, 2013. "Agricultural Export Restrictions and the WTO: What Options Do Policy-Makers Have For Promoting Food Security?," Price Volatility and Beyond 320191, International Centre for Trade and Sustainable Development (ICTSD).
    7. Yao Pan & Katariina Nilsson Hakkala, 2019. "Emerging Trade Battlefield with China: Export Competition and Firms’ Coping Strategies," Working Papers 2019-14, The George Washington University, Institute for International Economic Policy.
    8. Holzer, Kateryna & Karapinar, Baris, 2012. "Legal Implications of the Use of Export Taxes in Addressing Carbon Leakage: Competing Border Adjustment Measures," Papers 215, World Trade Institute.
    9. repec:spo:wpmain:info:hdl:2441/f6h8764enu2lskk9p504jih2g is not listed on IDEAS
    10. repec:spo:wpecon:info:hdl:2441/f6h8764enu2lskk9p504jih2g is not listed on IDEAS

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