Research Resources And Support Of Wto Rules

This paper focuses on China's energy safeguards, tries to submit legislative proposals for China Energy Law, to insure it goes better with WTO agreements.The first part studies the jurisprudence base of natural resources safeguard rule (short for NRSR.). First summarized the coke case between EU and China, revealed the legal problem triggered by the coke case under WTO system: whether China's coke export-quota restrictive measures conform to WTO NRSR. Then analyzes the jurisprudence base of NRSL: the law loophole theory, the safety valve theory, the coordination theory, holds that the economy sovereignty of state and the sustainable development theory are both most important jurisprudence base of NRSR.The second part tries to catch the essence of NRSR, focuses on "exhaustible natural resources", "relate to the conservation of the natural resources", "be made effective conjunction with restrictions on domestic production or consumption", finds out that the DSB now tends to widen the meaning of "exhaustible natural resources". The "relate to" term has been taken as an important criterion for checking whether the trading restriction measures are unlawful restrictive. "be made effective conjunction with" doesn't mean the same measures or effects.Then I divide the foreword into "restrictive" and "authorizing" parts. The former requires members' trading measures mustn't constitute "arbitrary discrimination", "unjustifiable discrimination" or "disguised restriction on international trade", holds that those three terms are side-by-side and should be analyzed intercrossly. The authorizing part is "nothing in this agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures", pointing out that this authorizes members to breach obligations under the whole, it's a legal right.At last finds out that the strict procedure adopted by DSB to check members' measures is to first check the NRSR, then check the foreword, this is determined by the basic framework and logic of articleⅩⅩ. So measures by a member have to conform to the specific exception clause and the foreword simultaneously, only so can the measures conform to NRSR completely. All these researching work are based on the study of the cases of the DSB under GATT/WTO.The third part focuses on the NRSR practices by GATT/WTO, US, EU and NFATA. In the practices by these organizations or countries, they all take NRSR to protect their energy supply, adopting them into their domestic law and treaties. In these treaties the developing countries and developed countries take common but differentiated responsibilities. We should learn from them and find ways to deal with the similar questions.The fourth part explores the energy practices by China, analyzes the legality of the coke-exportation restrictive measures by China in the coke case between EU and China. And mainly focuses on the defaults of China's energy practices, try best to submit legislative proposals for the improvement of our country's energy regulation, especially on how to make Chin's energy law conforms better to the energy safeguard rule of the articleⅩⅩunder WTO.