Analysis Of The Case Of China-measures Related To The Eaportation Of Various Raw Maerials WT/DD395

Concerning WTO dispute settlement of China, the new case of China—Measures Related to the Exportation of Various Raw Materials(DS395), attracts the most attention. It’s about some legal questions like economic principle of justice, request of the transparent degree, and about legal status and applicable of Protocol on the Accession of the People’s Republic of China (abbreviate:the Protocol) and Report of the Working Party on the Accession of China (abbreviate:Report) as well; it also presents the lawful and reasonable justification by invoking escape clause of Article20of the GATT. Those problems are typical, and will be seem in the future case.This paper focuses on the Protocol and invoking of the escape clause of Article20of the GATT. By proceeding from introduction of the case and the panel report, this paper discusses and analyses the feasibility of raising a plea by invoking the escape clause of Article20of the GATT under the Protocol, and legal applicability of Article20of the GATT. This paper argues that, the key Article20of the GATT is not only has its upper hand for China settle dispute case, but also has its drawback. For providing increasingly potent weapons, it is therefore essential to make a systematically study of the Article20of the GATT and explanation related to practical WTO dispute settlement.