China-Measures Related To The Exportation Of Various Raw Materials And Its Revelation To China

Abstract:In the case of China-Measures Related to the Exportation of Various Raw Materials, the complaints accused China’s imposition and administration of certain export restraints such as export duties, export quotas and export licenses disobey its duties and commitments under the WTO. The panel and appeal body conclude that China’s export restraints are inconsistent with related regulations of GATT1994, China’s Accession Protocol and China’s Working Party Report, and find that the involved measures failed to meet the application conditions of Article XX(b) and XX(g) of GATT1994, also deny China’s right of citing Article XX of GATT1994to defense on the export duties problems. What hides behind this case is the contest between free trade rule of WTO and National principle of permanent sovereignty over natural resources, as well as the conflict of free trade and environment protection. To this, China should build natural resources protection legal system in harmony with the WTO rules, which includes:Efforts to promote the implementation of the WTO special and discrimination clause in the field of trade in natural resources; Pushing DSB to give sustainable development principle better execution in the dispute settlement practice; Strictly transforming the full meaning of Article XX of GATT1994into the foreign trade law in our country; Establishing China’s strategic reserve legal system of non-renewable natural resources.