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Abstract
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Much attention has been focussed in recent years on the practice of exporting goods which have been banned or severely restricted in domestic commerce in the country of origin. Policy factors relevant to the debate are discussed. Reference is made to relevant work of some international agencies and to the special problems faced by developing countries.
The existing Australian legislation is examined and proposals for change to that law discussed. Provisions in a variety of countries are then considered by way of example, special attention being given to the position in the U.S.A.
The author concludes that there are three broad categories into which most statutory provisions relevant to the export of products which are banned or severely restricted in domestic commerce may be placed.
At one end of the spectrum, either because of an express exemption or because of the way in which the law is interpreted and administered in practice, goods may be freely exported even though they could not be sold domestically. An intermediate position is one where domestically banned or severely restricted goods may be exported, but only after a notification of intention to export has been lodged with the government of the exporting country and transmitted to the authorities in the importing country. The third -- and according to the author the most desirable approach -- is one under which there is a prima facie rule that domestically banned products may not be exported and that adequate controls are imposed to the extent possible on severely restricted products. |