Legal Issues Of Raw Materials Under WTO Rules And Chinese Government’s Way-out

This paper made an analysis of the panel’s and appellate body’s reporton China’s Raw Materials Exportation Measures, and discuss the importantissues raised in this dispute, and then foresee the possible results of rareearth disputes on the basis of the comparisons with raw materials disputesand try to find several effective measures which can be carried out byChinese government. This article will be structured in the following fiveparts.The first chapter is “Export Duties Measure”. In this part, writerdiscussed whether China can invoke Article XX of GATT to justify itsviolation of Paragraph11.3of China’s Accession Protocol. This issue is thenew achievement of WTO cases and also is the focal point of this article.The second chapter is “Export Quota”. The situation of China’s exportquota measure has been discussed in this part, and then the reasons whyChina can’t invoke Article XI:2(a) to justify the measures of export quotahas been analyzed.In the third chapter, the paper introduced the appellate body’s viewson non-automatic export licensing.In the fourth chapter, the conditions of measures shall be satisfied forthe application of GATT1994Article XX under raw materials tradedisputes has been discussed. In the end, writer raised measures which can be carried out by Chinesegovernment in face of the global natural resources battles form the legaland economic prospects.