An Analysis of Export Restriction Rules and Proposals Under the WTO

Abstract

This memorandum is a redacted version of a confidential research paper on export restriction negotiations in relation to food security under the auspices of the World Trade Organization (WTO). The complete version of this paper has two components: the first provides a sketch of the existing legal framework and negotiation proposals on export restriction; the second provides negotiation proposals. Due to confidentiality considerations, only the first component of analysis is publicly available and presented here. This memorandum is organized into three parts. The first part elaborates on the most relevant WTO treaties, namely the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on Agriculture (AoA). It discusses how ambiguity in the terms in these treaties poses challenges to effective regulation of export restriction. The second part presents proposals from several WTO Members that seek to clarify the ambiguities or fill the void in the existing regulatory schemes. The third part discusses regional trade treaties, including Transatlantic Trade and Investment Partnership (TTIP), Comprehensive Economic and Trade Agreement (CETA), and Trans- Pacific Partnership (TTP), along with other less prominent WTO agreements.