Three Lessons on the Construction of Export Controls Under WTO Law

Three Lessons on the Construction of Export Controls Under WTO Law

Export controls are gradually emerging as a source of contention within the World Trade Organisation (‘WTO’) law. Resource-exporting developing countries are increasingly finding it difficult to reserve the use of commodities and mineral resources for domestic purposes and downstream development due to the obligations imposed by the General Agreement on Tariffs and Trade (‘GATT’) framework and WTO law. The problem is further exacerbated by the unclear guidelines and the overwhelming import-orientation of the provisions regulating international trade within the GATT/WTO framework. This article synthesises three important lessons that can be gleaned by policymakers from GATT/WTO jurisprudence in the construction of export controls in order to avoid a hostile response from other WTO Members concerned about equitable and free access to resources. The article argues that, as things stand today, GATT provisions leave little room for policymakers to prefer budding domestic sectors. Any preferential policies that seek inward diversion of resources will most likely attract a challenge in the WTO Dispute Settlement Body.

Ghori, Umair

The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 85-115

1839-289X

0083-4041

10.38127/uqlj.v39i1

The University of Queensland School of Law

2020-05-10

Copyright (c) 2020 The University of Queensland Law Journal

application/pdf

eng

info:eu-repo/semantics/article

info:eu-repo/semantics/publishedVersion

Peer-reviewed Article