Study On Export Restrictions In The Rules Of WTO

In order to reduce or eliminate barriers in the international trade, WTO rules bear the important mission of promoting world economic prosperity. But given the goal that export restrictions based on military, political, economic and other member states demand reasonable position, export restrictions is one of the trade protection measures in the process of rationality. For all kinds of affecting international trade measures taken by the member states, WTO rules are more inclined to member states to choose the open, transparent, scientific tariff measures, but opposition members take non-tariff measures such as quantity and price. Analysis export restrictions taken by the member states, the member states primarily take export restrictions by number, price, and the form of tariffs. Export restrictions have four specific classifications, such as export tax, export quotas, export licensing and minimum export prices. In this article, we learn the WTO rules of export restrictions from the GATT1994. In the GATT, the article 11 and article 13 show that the WTO rules forbid any kind of the principle of quantity restrictions. But GATT article 20 and 21 respectively give the GATT rules apply general exceptions and security exceptions, which provides a basis for the rationality of the export restrictions.This article is mainly composed of five parts:Among them, the introduction part consists of four parts, which includes the selected topic significance, the research status, the innovation of this article and the research methods.The first part is the summary of the export restrictions in the WTO rules. This part is discussed by export restrictions from the WTO rules set background, specific provisions and triple effect. Firstly we introduce the WTO legal system and analyze the rationality of the export restrictions in the WTO rules. Secondly the export restrictions in the WTO rules are discussed on two kinds of part including the viewpoint of the direct provisions of the WTO rules and the other party from each member by the specific construction form of export measures. Finally we introduce the positive and negative influences on the export restrictions in the WTO rules.The second part is the legal documents of export restriction measures of china. Firstly, we analyze the export restrictions in the WTO commitments. Secondly, we combined the four kinds of export restriction listed in the first part such as export tax, export quotas, export license and the lowest price with the WTO commitments. Finally, we discussed the adjustment on the domestic legislation based on the WTO commitments.The third part is the application of the export restrictions in the WTO rules. Firstly we introduce three export restrictions dispute between China and the other members. Secondly our claims are rejected by the expert group in DSU. Finally look out the reasons why we are in the poor situations in the three export restrictions dispute between China and the other members.In the end, after we conclude the reasons why we are in the poor situations in the three export restrictions dispute between China and the other members, we make out that we should further the understandings of the provisions of export restrictions in the WTO rules and coupled with our WTO commitments to adjust the domestic legislation and regulations as soon as possible. So we can safeguard our legitimate rights by the WTO rule.