Permanent Sovereignty Legal Studies Of Natural Resources

The permanent sovereignty of natural resources related legal issues is a major theoreticalproblem, is also a realistic problem. Permanent sovereignty in theory, the natural resourcesfrom the date of its emergence, its connotation, definition, and even the legitimacy of theexistence are learning limits caused a lot of research and debate, it has stronger legal attributes.The existing literature, is to natural resources definition of permanent sovereignty still hasshortcomings. Due to the acceleration of globalization, permanent sovereignty naturalresources are also faced with many new challenges and problems. In practice, due to the tradefriction constantly, the permanent sovereignty of natural resources attention more and morehigh. China on the permanent sovereignty of natural resources law practice encounter manyproblems, for example, in recent years the "rare earths" and the "raw material". In2012,China’s export restrictions on raw materials such as rare earth by the United States, theEuropean Union and Japan in the WTO. Similar to the "raw material", the focus of "rareearths" problem is also our country export restrictions on related resources and thecontradiction between the WTO rules. Of rare earth resources in China, and other industrialraw materials such as natural resources have jurisdiction, all of these natural resources in lawhas permanent without interference.This article is divided into three parts.The first part, this paper studies the permanent sovereignty theory and its development ofnatural resources, the formation, evolution and development have made detailed combing.Understanding differences in domestic academic circles, and summarized in this paper, thepoint of view, and on the basis of this puts forward the concept of the permanent sovereigntyof natural resources law. As the theory foundation of the full text, the natural resources ofpermanent sovereignty and national sovereignty and national economic sovereignty is closelyrelated.The second part, this article on China in the permanent sovereignty of natural resourceslaw practice some problems encountered in the course of the comb, introduces the "rawmaterial" and "rare earths", and combined with the analysis of the two case, study the issue ofthe focus of the dispute to the thesis. As an important natural resources, China’s relevantmaterials and rare earths whether means and domestic policies and measures taken havelegitimacy was discussed in detail in this paper. The third part, the paper combining with the new development of national sovereigntyand national economic sovereignty, international cooperation and development become thenew trends, assignment and sharing part of the sovereign right to become the mainstream ofdevelopment. Under the specific background, how to better safeguard and protect naturalresources become the permanent sovereignty should be the direction of the positive efforts inthe process of China in the next. At the same time, the Chinese government should enrichtheir legal knowledge, legal and rational legal policy. In combined with the case of losing,absorb relevant experience, China should strengthen the related preventive measures.