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Published online by Cambridge University Press: 09 July 2021
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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