INTERNATIONAL LAWMAKING: EXPORT RESTRICTIONS ON MINERAL RAW MATERIALS

Abstract

This thesis takes a global approach to analyzing, discussing, and critiquing the effectiveness of international trade law regulating export restrictions, with an emphasis on trade in mineral raw materials. First, it offers a historical and empirical analysis of export restrictions on raw materials. Second, it is based on a legal analysis of the texts, effects, and judicial interpretation of the WTO regulations on export restrictions and on the procedural context in which regional trade agreements are framed. Third, the thesis analyzes the effectiveness of ongoing reforms and proposals tabled both within and outside the WTO. Based on this research, certain constituent elements and alternative implementing options are proposed for creating a robust WTO discipline on export restrictions.Using a multi-method approach, this thesis contributes to the literature by shifting analysis from the existing rules to the more advanced problem of creating comprehensive trade regulation.