Discipling Export Prohibitions and Restrictions to Promote Food Security

Abstract

The war in the Ukraine has led to the introduction of a number of export prohibitions and restrictions on agricultural products leading to problems of food security in a number of countries – another food crisis. The rules of World Trade Organization (WTO) in this area are laid down in Article XI.2(a) of the General Agreement on Tariffs and Trade (GATT) and Article 12 of the Agreement on Agriculture (AoA) and the law and practice of these rules are examined before addressing the negotiations for new rules on agriculture in the Doha negotiations. These negotiations have not resulted in new rules in this area and with their demise the focus has shifted to bespoke decisions reached at Ministerial Conferences, such as those on Export Quotas and Export Subsidies. The latest (twelfth) Ministerial Conference reached a Decision on the Emergency Response to Food Insecurity but this Decision has not led to changes in the rules on export prohibitions and restrictions but there is the promise that such a Decision could be reached at the thirteenth Ministerial Conference. This article suggests a Decision on Export Prohibitions and Restrictions to promote greater food security in response to the current and future food crises. WTO, agricultural export prohibitions and restrictions, food insecurity, Ministerial Conference