WTO Law on Export Restrictions on Trade in Goods
Seek and you shall find
Kelly Kuan Shang
Pages: 292 pages
Shipping Weight: 450 gram
ISBN (softcover) : 9789462404144
ISBN (Epub) : 9789462404311
This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions?
This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values.
A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong’s export ban of baby milk formula, the European Union’s economic sanctions against Russia, as well as New Zealand’s export quality requirement for wine, single export desk requirement for kiwifruits, and export ban of certain minerals with spiritual values. Analysis of these case studies revealed several underexplored types of export restrictions, and further demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators.
Kelly Kuan Shang is a PhD Researcher at Maastricht University. She received a JD from the University of Hong Kong (St John’s College). She is admitted to practice law in Australia and New Zealand. Her research interests are international trade law and public international law.