Studies On Legal Issues Of Rare Earth Export Restraints Of China On The Perspective Of WTO

Measures related to the restriction of resources for export have always been an important method to maintain the raw material price in the word and economic status for a country. The restricted methods contain limited the production, the sales, the price and so on,which exist in the word trade all the time no matter in the field of energy or in the special raw material field. However, with the rise of emerging industrial countries and the increase of fighting for raw material, the problem of the contradiction between legal of restriction and liberalization of trade, the contradiction between exporting countries and importing countries have caused extensive concern over the recent years. The rare earth case of China accessed is one of these contradictions.There are five main parts in this paper. First part introduces the process of change of rare earth policy, this process divided into three periods:encourage exports, restrict exports and control the exportation of rare earth strictly. Then from domestic economic, domestic environment, fight for rare earth in the international three aspects analyze why china adapted to such measures. Next introduce the case of rare earth in2012in WTO. Then listed the relevant provisions on limited exportation on GATT1994, the Protocol on the Accession of the People’s Republic of China and the Working Party Report on the Accession of China. From analyze these provisions and the restriction China imposed, we get the conclusion that China could be losing this lawsuit. And at last, this paper presents on four suggestions, such as strengthen the performance of duty of notification, start the negotiation to rare earth in the list XI, preparing for DSB on the attention of protecting environments approval and promulgate the law of rare earth.