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Journal of International Trade Law and Policy: Legality of export restrictions imposed during COVID-19 in international economic law
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Abstract
Purpose – This paper aims to examine options under the General Agreement on Tariffs and Trade (GATT)
for exempting or justifying export restrictions or prohibitions that are in principle prohibited under Article
XI:1 GATT. The paper begins by examining the exception under Article XI:2 (a) GATT, before going on to
the arguments under GATT Article XX (b) and (j). In addition, the analysis considers the national security
exception in Article XXI (b) (iii) GATT, given that WTO members have increasingly invoked this provision in
recent years, as well as during the pandemic, when Namibia implemented COVID-19-related trade restrictions
under the Agreement on Technical Barriers to Trade based on national security concerns.
Design/methodology/approach – The impacts of the COVID-19 pandemic on trade have been
far-reaching. Countries have attempted to place export restrictions on personal protective equipment and
COVID-19 vaccines. Even though export restrictions are generally unlawful under the GATT, countries have
decided it is necessary at this time. Members have relied heavily on the “national security” and “critical
shortage” exceptions outlined in the GATT.
Findings – This paper concludes that, depending on the circumstances of a particular case, a pandemic may
constitute an emergency in international relations, as defined in Article XXI (b) (iii) GATT, and that, in such a
situation, a WTO member may legitimately take action to protect its vital security interests.
Originality/value – The paper provides an original conclusion based on WTO case law on an issue of
contemporary relevance.
Ahan Gadkari - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2023
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Ahan Gadkari. (2023).Journal of International Trade Law and Policy:
Legality of export restrictions
imposed during COVID-19 in
international economic law.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd