Study On Export Restrictions Of Nature Resources Under WTO Legal Framework

Natural resources are fundamental for human life. The volume of natural resources trade plays an important part in international trades. China has been developed rapidly for many years as the world’s largest developing country. In this years China exports numerous mineral resources to meet the world’s demands. With the long-term exploitations, the reserves of natural resources decline rapidly and the environmental problems become more and more serious. Recently China begins to take measures to gradually reduce mine exploitations, in order to protect ecological balance, which includes exports restrictions. However, in the WTO legal framework, this practice is accused by the other members of WTO. It is a severe problem for China to take appropriate measures to protect resources under the WTO legal framework.This paper focuses on the export restrictions, which consists of four parts:The first part focuses on the present situation of the world’s resources trade and the conflict. It consists of the contradiction between the national sovereignty and sustainable development with the free trade system. Whether in GATT period or WTO, they don’t object to protect natural resources. WTO emphasis on coordination between sustainable development and free trade since the WTO established. As a sovereign state, China possess right to formulate its own resources and environmental policy. The second part introduces four major export restrictions in the international trade. The third part gives an analysis on export restrictions and the general provisions of the WTO export restrictions. The general exceptions, especially the articles Ⅹ Ⅹ of GATT, conduct the WTO members to formulate export restrictions under WTO legal framework. The fourth part summarizes some trade disputes relating to China. It summarizes the problems in the process of practicing export restrictions to protect resources against China from these trade disputes. This paper proposes solutions in order to take measures to protect the resources in the future. The author hopes to find reasonable restrictions on exports of measures to reduce the emergence of trade disputes and defend the national interests of China.