Export Restraints of Natural Resources and the SCM Agreement

Jaemin Lee ()
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Jaemin Lee: Seoul National University

Chapter Chapter 16 in Emerging Issues in Sustainable Development, 2016, pp 321-341 from Springer

Abstract: Abstract Exports restraints have raised controversies recently due to the importance of the natural resources and the scarcity of them. The core aspect of the export restraints can ultimately lead to the claims and disputes over subsidy issues under the WTO’s Agreement on Subsidies and Countervailing Measures (“SCM Agreement”). Based on prevailing jurisprudence of the subsidy norms, an argument can be made that certain types of export restraints are found to satisfy the elements of a subsidy within the meaning of the SCM Agreement. It can be shown that these export restraints constitute financial contribution by the government that confer benefit on the recipient companies which are specific to certain confined industries. All the unique aspects of the export restraints programs should be put under careful scrutiny of the collective discussions of the international community including the analyses under the SCM Agreement. Export restraints should be adopted and applied in a manner consistent with the applicable WTO Agreements including, most notably, the SCM Agreement.

Keywords: Export restraints; Export restriction; Natural resources; Market distortion; Prohibited subsidy; Indirect subsidy; SCM agreement (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eclchp:978-4-431-56426-3_16

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DOI: 10.1007/978-4-431-56426-3_16

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