The Research Of Egal Issues On Disputes Of China’s Restrictionon The Exportation Of Rare Earth

Rare earth resources are involved the stability of our country’s political and economicdevelopment. In some developing countries，the "Dutch disease” phenomenon graduallyappears with the development of mineral-trade economy, which shows an unreasonablestructure of economic development. In the process of developing and trade the rare earthresources, China begin to pay attention to set up the concept of "respect for nature, complywith nature, protect nature" of ecological civilization, ecological civilization gradually intothe economic, social development. To prevent the same "Dutch disease"phenomenon withother countries, China adopted some measures including specification of rare earth production,the implementation of export license, levy export tariffs, the measure of export restrictions forexport enterprises etc. China’s actions in limiting the export of rare earths have drawn theworld’s attention. The USA, Japan, and the European Union (EU) have been frustrated withChina’s measures, even bring the case into the WTO. This case is the one after the circulationof the Pane report on China--Raw Materials.The defenses of China in China--Raw Materials case were failed to be recognized by thepanel of DSB. Accused of being trade-distorting and in-consistent with the WTO Agreementon the part of mineral export restraints, China expects to defend ourselves by reasons ofenvironmental protection and conservation of exhaustible natural resources. In order to avoidrare earth export restrictions appear similar laws problems in the raw-materials case, based onrare earth minerals involved in the case of materials and raw materials in the case before acertain similarity, this paper describes the main objectives of China’s export restrictionspolicy, WTO rules（general rules and exceptions）about export restricts, parsing the legalissue in the defence of rare earths， and propose some voices to the administration of rareearths in correlation degree, It summarizes the relevant WTO regulation, offers a detailedanalysis of the China--Raw Materials case under DSB, and suggestions on the domestic rareearth industry in the future. To help our country to make better use of WTO rules to solve thecontradiction in the rare earths, make the rare earth resources more effectively in safe, rationaland orderly exploitation and utilization, and balance the maintenance of the interests of thestate of our country.