A Legal Analysis Under The WTO Frame For Exportation Restrictions Of Powdered Formula In Hong Kong

Exportation Restrictions of Powdered Formula in Hong Kong have come into effect onMarch1,2013. The implementation of Exportation Restrictions of Powdered Formula inHong Kong attracts widespread attentions. Whether the restriction measures conform to WTOexportation restriction rules, is the focus for researchers of international law. Hong KongSpecial Administrative Region (SAR) Government states that it is the Article11.2(a) ofGATT1994to be invoked as measures’ legal basis. However, it is up in the air that HongKong can cite the Article11.2(a) of GATT1994successfully.Exportation Restrictions of Powdered Formula in Hong Kong have two connections withthe Article11.2(a) of GATT1994. Powdered formula is in the scope of “foodstuff”, and therestriction measures of Hong Kong are measures to relieve local shortage of powderedformula in Hong Kong, and to prevent critical shortage of the product. While Hong KongSAR Government fails to prove the shortage of powdered formula is a kind of criticalshortage, and also fails to clear the restrictions are applied temporarily. Therefore, Hong Kongmay or may not release the obligations by the Article11.2(a) of GATT1994. Moreover, HongKong fails to follow notification obligations and timely consultation obligations of the WTOAgreement on Agriculture. In addition, it can be hard to make use of GATT1994generalexception clauses for Hong Kong.Above all, it is quite necessary to traverse the legality of the restriction measures in HongKong, and to predict the possibility of Hong Kong to be sued under the frame of WTO.The first part of the paper is the Brief Introduction of Exportation Restrictions of PowderedFormula in Hong Kong. It is introduction of the background information and the content ofExportation Restrictions of Powdered Formula in Hong Kong. The second part is theintroduction of WTO articles related to Exportation Restrictions of Powdered Formula inHong Kong. Through researching the articles and the cases of WTO dispute settlement, it isessential to make clear the exportation restriction rules and the articles of WTO that HongKong can be relying on. Then, interpretation of the related clauses is the next step which canprovide the application conditions of the articles. The third part is the legality of ExportationRestrictions of Powdered Formula in Hong Kong, which is to match the measures of Hong Kong and the application conditions of the articles. Then make a brief analysis about thelegality of exportation restriction measures of Hong Kong. The fourth part is the possibilitiesof Hong Kong to be sued. It is some predictions for the possibilities that Hong Kong is to besued to DSB of WTO. The last part is the suggestions to Hong Kong about the restrictionmeasures and the measures’ significance to Mainland China.