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.
Highlights
Qatar is a developing country and one of the smallest Gulf countries in terms of population and geographical area
The United States stated that its actions had been taken for national security reasons and were covered by Article XXI:(b)(iii) of the GATT and that this provision left it to each contracting party to judge what action it considered necessary for the protection of its essential security interest
“The group of ‘net food-importing developing countries’ is well defined in the World Trade Organization (WTO) legal context, but no such definition exists for the “net-food exporting developing countries” mentioned in Paragraph 2 of Agreement on Agriculture (AoA) Article 12.”25
Summary
This section discusses the most relevant WTO Agreements in relation to food security: GATT 19941 and AoA.. The United States stated that its actions had been taken for national security reasons and were covered by Article XXI:(b)(iii) of the GATT and that this provision left it to each contracting party to judge what action it considered necessary for the protection of its essential security interest. Where any Member institutes any new export prohibition or restriction on foodstuffs in accordance with paragraph 2(a) of Article XI of GATT 1994, the Member shall observe the following provisions:. “The group of ‘net food-importing developing countries’ is well defined in the WTO legal context, but no such definition exists for the “net-food exporting developing countries” mentioned in Paragraph 2 of AoA Article 12.”25 Both the GATT and AoA, the most relevant agreements in relation to export restrictions, contain ambiguous terms and incomplete descriptions of obligations, which constrains the effectiveness of the existing WTO framework. As Qatar is a net food-importing country, the ambiguities in these provisions are disadvantageous to Qatar
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