Export Restrictions and the WTO Law: “Regulatory Deficiency” or “Unintended Policy Space”

Export restrictions, arguably an “under-regulated” area in the WTO law, have become increasingly important in recent years. During the “food crisis” of 2007–2008, dozens of countries imposed various forms of export restrictions on food staples, in order to maintain domestic availability of supplies and in some cases to contain growing public discontent about rising prices of food. The second development, an equally notable illustration of the growing importance of export restrictions, was the establishment of a panel by the Dispute Settlement Body (DSB) in December 2009 to examine complaints brought by the United States (US), the European Union (EU) and Mexico concerning China’s export restrictions on selected raw materials.