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Abstract
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 in 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 preference budding domestic sectors. Any preferential policies that seek inward diversion of resources will most likely attract a challenge in the WTO Dispute Settlement Body.
Original language | English |
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Pages (from-to) | 85-121 |
Number of pages | 36 |
Journal | University of Queensland Law Journal |
Volume | 39 |
Issue number | 1 |
DOIs | |
Publication status | Published - 27 Mar 2020 |
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Dive into the research topics of 'Three Lessons on the Construction of Export Controls under WTO Law'. Together they form a unique fingerprint.Related Activities
- 2 Oral presentation
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Understanding Recent Developments of Security Related Use of Export Controls
Umair Ghori (Speaker)
6 Sept 2021Activity: Talk or presentation › Oral presentation
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Three Lessons for Asian Policymakers on Construction of Export Controls
Umair Ghori (Speaker)
22 Aug 2019 → 23 Aug 2019Activity: Talk or presentation › Oral presentation
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Export Restrictions and Export Controls: From WTO to the Realm of Global Security
Ghori, U., Dec 2023, Edward Elgar Publishing. 390 p.Research output: Book/Report › Book › Research › peer-review
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Submission to 2019 Review of the Australian Domestic Gas Security Mechanism ADGSM
Ghori, U., 24 Sept 2019, (Submitted) 8 p. Australian Government Department of Industry, Innovation and Science.Research output: Other contribution › Submission to government › Research
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