Export Control Rules under Economic Globalization: An Analysis Based on the Functions of the World Trade Organization

The evolving landscape of global trade has emphasized the importance of export control regulations, particularly under the World Trade Organization (WTO) framework. This paper investigates the current state of WTO export control rules, focusing on key provisions of the General Agreement on Tariffs and Trade (GATT), such as Articles 11, 20, and 21. Through detailed analyses, the study identifies significant challenges, including the absence of export control rules and the broad and ambiguous nature of these rules, which have led to inconsistent application and potential abuses, particularly in cases involving national security and environmental exceptions. The study used case studies of prominent WTO disputes and a review of relevant literature to assess the transparency and effectiveness of existing measures. The findings suggest that the current WTO rules lack adequate provisions as well as clarity and strong enforcement mechanisms, hampering the organization’s ability to manage modern and complex trade. The paper concludes with recommendations to strengthen the current framework, including additional rules, clearer definitions of rules, mandatory reporting, the introduction of an independent review mechanism, and enhanced international co-operation to facilitate export control rules.