The Wto Of China's Rare Earth Export Control Measures Within A System Compliance

As critical industrial material, rare earth elements are playing a pivotal role in national security. Recently, the contract parties such as United States and European Union are criticizing China’s export control measures on rare earth products for breaching and undermining the international trading rules, and imposing escalating pressure upon China by threatening resorting to the WTO dispute settlement.This thesis focuses on the compliance of China’s export control measures of rare earth products within the WTO legal framework. From the perspective combining the interpretation of WTO rules and practices of contracting parties, this thesis begins with comparison of GATT Article ⅩⅩ and ⅩⅪ for the purpose of comprehensive reading the Article ⅩⅪ including its meaning, invocation requirements as well as the relating cases. Through the analysis, this thesis summarizes the evaluation criteria of WTO compliance by invoking the Article ⅩⅪ and the attitudes of DSB. Besides, by studying both the relevant legal documents China’s accession and China-Measures related to the exportation of various raw materials, this thesis introduces the legal logic of China’s present export control upon rare earth and its risks under WTO system. Based on the depth analysis of US and EU’s export control system of dual-use goods and items and their WTO compliance, this thesis sums up the worth-learning practices for China. In the end, it suggests the improvement for WTO compliance.Chapter1begins with a brief introduction of classification of rare earth and its application, along with the analysis of China’s rare earth strategy, indicates the compliance risks of present export control mechanism under WTO system through the mini case-study of China-Measures related to the exportation of various raw materials. Chapter2probes into the Article ⅩⅪ from its object and purpose, compares it with Article ⅩⅩ, researches the Article ⅩⅪ(a) and (b),then comments on the practices of contracting parties during different periods. Chapter3studies the dual-use control system of US an EU, analyzes their invocation of Article ⅩⅪ, briefly describes high-tech export restriction against China, and denotes the worthy experience and reference for China’s rare earth export policy. Chapter4depicts the idea of invocation Article ⅩⅪ(a),(b) for China, presents proposed improvements.