Export restrictions impact the supply of certain critical items on the global market. They may be imposed by governments for several reasons, including on grounds of ensuring local supply, or, in the case of export duties, to increase government revenue. International economic law disciplines that govern this type of measure have historically been scarce. Whereas the General Agreement on Tariffs and Trade 1947 (GATT, 1947) already contains prohibitions on quantitative restrictions, disciplines on export duties were not deemed necessary. In a world characterized by global value chains, where industries depend on the availability of raw materials and intermediates for the creation of a final product, access to these raw materials and ‘critical minerals’ have become ever-more important. This was highlighted by two high-profile disputes in the World Trade Organization (WTO) in which Members that depend on the importation of these items challenged measures that restricted the exportation of these items. In spite of the increased attention to export restrictions, scholarship so far has not addressed the issue in a comprehensive manner. Espa took on the challenge of covering this subject in her Ph.D., and the contribution reviewed here is the result of her excellent work on the topic.

This monograph is a long overdue contribution that fills a major gap in the field of international economic law. Until recently, the topics of export restrictions in general and export duties in particular have not received sufficient academic attention. However, the increasing impact of export restrictions on certain minerals and metals for certain high-tech industries that operate in resource-dependent countries has required an analytical assessment of the disciplines that govern export restrictions. Moreover, there was a need for reflection on the way in which these disciplines should evolve. This contribution fills this void in an excellent manner.

The book opens with a chapter in which the historical importance of export restrictions is explained. Using examples from agriculture and energy, this introductory chapter illustrates how export restrictions impact the global supply of certain essential items. The chapter also touches upon how export restrictions shape industrial policy in certain countries.

In three parts, each one divided into three chapters, this monograph presents a comprehensive overview of the economics, politics, and law surrounding export restrictions. Part I (Chapters 1–3), entitled ‘Minerals and metals critical to the world economy and the recent proliferation of export restrictions’ provides the reader with a mapping exercise on the types of measures that fall under the heading (or within the category of) ‘export restrictions’. The aim of this introductory part of the book is to highlight ‘the magnitude of the phenomenon of export restrictions on critical minerals and metals in light of the coverage of the different types of measures adopted by each of the actors involved, their economic implications, and their rationale’ (p. 36). Chapter 1 opens with a description of the trade patterns in critical minerals and metals. Chapter 2 provides an overview of the export restrictions currently applicable to these items, and Chapter 3 discusses the economic rationale underpinning the drive by certain governments to adopt measures that restrict the exportation of certain critical minerals and raw materials.

Building on this description/introduction, Part II (Chapters 4–6) contains an overview of the existing disciplines on export restrictions in the context of the WTO. It examines the relevant GATT disciplines and also addresses the inclusion of disciplines on export restrictions, including commitments on the elimination of export duties in the protocols of accession of WTO Members that joined the organization after 1995. Here, a useful distinction is made between the disciplines on export duties that are discussed in Chapter 4, and the disciplines on quantitative export restrictions that are addressed in Chapter 5. Chapter 6 addresses the question of whether and to what extent the general exceptions contained in Article XX of the GATT 1994 might justify an export restriction that is inconsistent with one of the other provisions of the GATT 1994. The chapter also provides a detailed overview of the considerations of panels and the Appellate Body in China – Raw Materials and China – Rare Earths. In both disputes, China attempted to justify its export restrictions on refractory-grade bauxite and fluorspar (China – Raw Materials) and on rare earths under subparagraph (g) of Article XX of the GATT 1994. China argued that its export restrictions related to the conservation of exhaustible natural resources and were made effective in conjunction with restrictions on domestic production or consumption, and thus fulfilled the criteria of that provision. Panels in both cases rejected this argument because measures that increase the cost of a raw material to foreign consumers, whereas they decrease the costs for domestic users, could not be seen as ‘relating to’ the conservation of exhaustible natural resources. In view of the Panel in China – Rare Earths, such a system seemed ‘likely to encourage the development and expansion of the domestic rare earth industry’.Footnote ¹ The author addresses this argument to some extent, but does not directly address the question of whether an export duty – for this reason alone – could ever be justified by Article XX of the GATT 1994.

Ultimately, in both cases it was decided that – because of the absence of an explicit textual link to Article XX of the GATT 1994 – China could not have recourse to that provision to justify an inconsistency with its accession commitment to eliminate export duties on these products. Espa is to be applauded for addressing the increasing fragmentation of the export taxes regime in the WTO. This is particularly relevant in the context of disciplines on export duties contained in the protocols of accession. The WTO Agreement does not discipline the use of export taxes as such. However, several WTO Members have been required to adopt commitments to eliminate, or reduce the use of, export taxes in the course of their accession to the WTO. Espa explains that the nature of the accession process, with negotiations taking place in working groups, has led to different approaches being used for the adoption of this type of commitment. Some Members, such as Montenegro, took up a commitment to eliminate all export taxes without any exceptions, whereas others included a list of products that could still be subject to an export tax (such as China). Certain other Members included a list with export tariffs in their Schedule of Concessions (Russian Federation). These different approaches are explained in detail, paying sufficient attention to the implications of each approach. These implications are particularly visible in respect of the question whether the general exceptions in Article XX of the GATT 1994 would potentially be available to justify a violation of a commitment contained in an accession protocol. Considering the interpretative approach that has been adopted by the Appellate Body in the two cases mentioned, the way in which an export duty commitment is undertaken will have an influence on whether the Member in question will be able to justify a violation of such a commitment under Article XX of the GATT 1994.

In Part III (Chapters 7–9), the monograph discusses the regulatory challenges and prospects that lie ahead in the field of export restrictions. Rather than merely listing regulatory initiatives to address the existing lacunae in the field, this Part links the creation of new disciplines to recent developments in international trade. It presents a concise, yet informative, summary of the arguments for and against adoption of new rules that would restrict the ability of governments to impose export restrictions. It does so by adopting a developmental perspective as well as, what one might call, a more commercial perspective. It is in this respect that the book offers added value, as it enables the reader to form a balanced picture of the existing debate. For developing countries, and least developed countries (LDCs) in particular, the absence of a proper functioning tax system often means that revenue can often be most easily collected upon the exportation of goods. Where such an export tax is limited and adopted in a non-discriminatory manner, there is an argument to be made that the developmental aspects outweigh the need for the adoption of new and stricter disciplines. The book provides an informative analysis of the debate and the positions that have been expressed by WTO Members within that debate (Chapter 7). A description of this debate is continued in Chapter 8, which highlights the proposals made in the Non-Agricultural Market Access (NAMA) Group in the Doha Round. The concluding Chapter 9 presents the reader with an overview of where the export restrictions debate could move next. Among the suggestions made by Espa is a WTO agreement on export taxes. Interestingly, although the option of a plurilateral agreement is discussed, the contribution does not address bilateral or regional initiatives aimed at creating new disciplines on export duties. Admittedly, this would have expanded the scope of the research project considerably, but a future research agenda should certainly include examination of new disciplines on the use of export duties included in Regional Trade Agreements (RTAs). Considering the strong focus on the multilateral level, however, one can only appreciate the comprehensiveness of the author's research, as well as the clarity with which the results of that research are presented here. The structure of the book enables readers to familiarize themselves with the topic quickly, and ensures that the book also serves as an excellent research handbook. Finally, the appendices containing information on the export taxes and export licensing schemes that were applied between 2008 and 2014 provide useful context to the substantive discussion in this monograph.

In conclusion, academics, students, and practitioners should consider this contribution as an excellent overview of the topic of export restrictions that is not limited to a presentation of the current disciplines, but that also offers an insight into the future by explaining how these disciplines might develop. Recent developments, such as the third export restriction complaint brought against China in the WTO, and the imposition of export duties on scrap metals by Ukraine constitute evidence of the continuing relevance of this fascinating topic. Anyone dealing with questions related to export restrictions would be well-advised to start their research with this contribution.