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Export Restrictions on Critical Minerals and Metals
Testing the Adequacy of WTO Disciplines

$125.00 (C)

Part of Cambridge International Trade and Economic Law

  • Author: Ilaria Espa, World Trade Institute, University of Bern
Giorgio Sacerdoti
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  • Date Published: December 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107085961

$ 125.00 (C)

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About the Authors
  • Conventional wisdom on the insufficiency of existing WTO disciplines on export restrictions has triggered momentum on the issue. In this book, Ilaria Espa offers a comprehensive analysis of the scope and coverage of WTO disciplines on export restrictions in light of emerging case law. She investigates whether such rules still provide a sufficient, credible and effective framework capable of preventing abuses in the use of export restrictive measures on critical minerals and metals during a period of economic crisis and change in international trade patterns. Giving a broad overview of the export restrictions applied to these materials, Espa identifies distinctive features in the proliferation of export barriers and analyses the existing WTO rules to reveal their scope, gaps and inconsistencies. She goes on to present solutions based upon her findings with the aim of bringing more coherence and equity to WTO rules on the export side.

    • Explains the specific features of export restrictions on critical minerals and metals as well as offering a complete overview of the present wave of export restrictions applied on other commodities
    • Analyses scope, gaps and inconsistencies of existing WTO disciplines on export restrictions in light of recent case law
    • Discusses the issue of policy space left to WTO Members in light of relevant international law principles, engaging in the development of the debate over export restrictions
    • Advocates an alternative framework for reforming of existing WTO disciplines on export restrictions
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    Reviews & endorsements

    'In conclusion, academics, students, and practitioners should consider this contribution as an excellent overview of the topic of export restrictions that is not limited to a presentation of the current disciplines, but that also offers an insight into the future by explaining how these disciplines might develop. Recent developments, such as the third export restriction complaint brought against China in the WTO, and the imposition of export duties on scrap metals by Ukraine constitute evidence of the continuing relevance of this fascinating topic.' Dyland Geraets, World Trade Review

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    Product details

    • Date Published: December 2015
    • format: Hardback
    • isbn: 9781107085961
    • length: 404 pages
    • dimensions: 235 x 158 x 28 mm
    • weight: 0.72kg
    • contains: 1 b/w illus. 1 table
    • availability: Available
  • Table of Contents

    Foreword Giorgio Sacerdoti
    List of abbreviations
    WTO reports
    GATT panel reports
    Part I. Minerals and Metals Critical to the World Economy and the Recent Proliferation of Export Restrictions:
    1. Evolving world trade patterns in critical minerals and metals
    2. The landscape of export restrictions on critical minerals and metals
    3. Economic effects and policy goals of mineral export restraints
    Part II. Existing WTO Disciplines on Export Restrictions:
    4. WTO disciplines on export duties
    5. WTO disciplines on export quantitative restrictions
    6. GATT general exceptions relevant and applicable to WTO-inconsistent export restrictions
    Part III. Regulatory Prospects:
    7. Understanding the multifaceted discourse on export restrictions in the WTO: a brief conceptual framework
    8. Export restrictions in the Doha Round negotiations
    9. The way forward
    Appendix 1. Export taxes applied to critical minerals and metals (2008–14)
    Appendix 2. Export licensing schemes applied to critical minerals and metals (2008–14)

  • Author

    Ilaria Espa, World Trade Institute, University of Bern
    Ilaria Espa is a Marie Curie Senior Research Fellow at the World Trade Institute (WTI), University of Bern, and a member of the Work Package on 'Trade and Climate Change' of the Swiss National Centre of Competence in Research programme in Trade Regulation. She was a visiting scholar at Columbia Law School, and she has served as a consultant for the Trade and Environment Division of the WTO and for the Swiss Federal Office of Energy.


    Giorgio Sacerdoti, Università Commerciale Luigi Bocconi, Milan


    Giorgio Sacerdoti

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