SHORT SUPPLY CONDITIONS AND THE LAW OF INTERNATIONAL TRADE: ECONOMIC LESSONS FROM THE PANDEMIC
成果类型：
Article
署名作者：
Sykes, Alan O.
署名单位：
Stanford University; Stanford University
刊物名称：
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN：
0002-9300
DOI：
10.1017/ajil.2020.61
发表日期：
2020
页码：
647-656
关键词：
摘要：
The COVID-19 pandemic has been accompanied by shortages and potential shortages of products critical to the public health response. Many nations have responded with export restrictions on these products, restrictions that are permitted under international trade law as a temporary response to short supply conditions generally and to public health emergencies in particular. This Essay argues that such export restrictions are economically counterproductive from a global efficiency perspective, and that governments acting unilaterally will nevertheless employ them due to international externalities that propagate through the terms of trade. This observation raises a puzzle as to why international law should facilitate rather than curtail them. The most plausible answer is that legal authority for such measures is a politically necessary escape clause in trade agreements, akin to safeguard measures.
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