Access to Raw Materials: The EU’s Pursuit of Trade Disciplines on Export Control

Abstract

This chapter explores the EU's contribution to new trade rules pertaining to export restrictions with a view to securing its access to raw materials. It examines both the EU's position within the multilateral WTO framework and its bilateral negotiations with other trade partners. Within the WTO forum, it illustrates the EU's aim to advance rule of law and respect for international law in the wider world, and its regulatory ambition to ‘promote multilateral solutions to common problems’. It investigates whether and how the EU can successfully secure commitments on export restriction from new WTO members during bilateral accession negotiations. It examines the EU's complaints lodged via the WTO dispute settlement mechanism with regards to Argentina and China on their export restrictive measures. With regard to the bilateral aspect, the chapter looks at provisions on export restrictions in selected EU external economic agreements. It concludes with an evaluation of the EU's success in pursuing trade disciplines on export restrictions through law-making and law enforcement in multilateral frameworks and bilateral negotiations.