Theory Under The Background Of Wto Protection Of Natural Resources

On the eve of the11thyear of China’s accession of WTO in Dec.2001, Chinaencountered its first dispute relate to export measures-“China-measures relatedto the exportation of various raw materials”, which is also the few ones followingand completing the whole dispute procedure of DSB. On Jan.302012, the Appellate Body releases its report, casting the shadow on the protection the rareand raw materials of China. But there’re still a lot of doubts left to be clarified,and, what’s more important, the lessons it brought to us need us to rethink ourpolicies and measures taken to protect our industries. We can’t just count oncompromising and recession during the bargain of dispute settlement, and weshould get more familiar with the workflow of DSB and the regulations of WTOwith more and more practices, instead of being an always new-hand in this area.My paper can be divided into four fragments, which combine to convey mymain purpose that we should learn to be a good player and use the regulations tomaintain our interests, not be a standby.In my first chapter, I clarify the relation between of WTO and the sovereigntyof its members, came to the conclusion that since the accession into WTO,members have sacrificed a slice part of their sovereignty voluntarily to exchangemore interests from others. But that wouldn’t impair the core interests of themembers. In my second chapter, I give an overview of the case of “China-measures related to the exportation of various raw materials” and the value DSBtakes to settle the disputes. In my third chapter, I mainly explain the applicationof the20(g) of GATT1994, and rethink the irrationality of this case that theexception of WTO fall out of the case, which breaks the balance of rights andduties of China. In my last chapter, I present some suggestions and advices,wishing to bring some fresh air in the discussion of this case.