wto体制下“香港奶粉限购令”法理研析-legal analysis of.docx

AbstractExportation Restrictions of Powdered Formula in Hong Kong have come into effect on March 1, 2013. The implementation of Exportation Restrictions of Powdered Formula in Hong Kong attracts widespread attentions. Whether the restriction measures conform to WTO exportation restriction rules, is the focus for researchers of international law. Hong Kong Special Administrative Region (SAR) Government states that it is the Article 11.2(a) of GATT1994 to be invoked as measures’ legal basis. However, it is up in the air that Hong Kong can cite the Article 11.2(a) of GATT1994 successfully.Exportation Restrictions of Powdered Formula in Hong Kong have two connections with the Article 11.2(a) of GATT1994. Powdered formula is in the scope of “foodstuff”, and the restriction measures of Hong Kong are measures to relieve local shortage of powdered formula in Hong Kong, and to prevent critical shortage of the product. While Hong Kong SAR Government fails to prove the shortage of powdered formula is a kind of critical shortage, and also fails to clear the restrictions are applied temporarily. Therefore, Hong Kong may or may not release the obligations by the Article 11.2(a) of GATT1994. Moreover, Hong Kong fails to follow notification obligations and timely consultation obligations of the WTO Agreement on Agriculture. In addition, it can be hard to make use of GATT1994 general exception clauses for Hong Kong.Above all, it is quite necessary to traverse the legality of the restriction measures in Hong Kong, 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 Powdered Formula in Hong Kong. It is introduction of the background information and the content of Exportation Restrictions of Powdered Formula in Hong Kong. The second part is the introduction of WTO articles related to Exportation Restrictions of Powdered Formula in Hong Kong. Through researching the articles a