Research On The Rules Of Export Restrictions To Natural Resources Under The Framework Of WTO

Export restraint is an important issue under the WTO framework, but for a long time,both theorists and practitioners have paid attention to this concern less. In the GATT/WTOlegal practices, the majority of provisions made aimed to reducing import tariffs and theelimination of import barriers, provisions which directly concerned in export restraintsrelatively small, and compared to a large number of disputes caused by import traderestrictions, disputes related to export restrictions also appear to be very few. However, in theera when global natural resources are increasingly scarce, countries of the world began tofrequently take measures of export restrictions to protect their own limited natural resources.Thus, the contradiction between the resource-exporting countries and importing countriesinevitably produced, and the match between the export restrictions and WTO rules has alsobecame the focal point of international trade. China, as one of the world’s leading suppliers ofnatural resources, caught in such disputes more frequently, like the coke case, the rawmaterials case and the case of rare earth today. It can be inferred that disputes caused by theexport restrictions to natural resources will be more and more. In this context, to sort out andresearch the rules on export restrictions to natural resources under the framework of WTO,not only has important theoretical value, the more immediate practical significance.On the basis of a systematic analysis of typical cases, this thesis, with WTO rules aboutthe restrictions on exports of natural resources as basic research object, clarifies the specificmeaning and requirements of the relevant rules and, in turn, proposes practical response to thelegal predicament which China faces in the restrictions on export to natural resourcescurrently, making that neither contrary to WTO rules, but also to achieve the purpose ofconservation of natural resources.This thesis is divided into four parts, disregarding the introduction and epilogue:PartⅠ-General overview of the disciplines related to export restrictions to naturalresources under WTO. GATT generally allows export duties to limit the export to naturalresources, but prohibit export quotas unless to meet the requirements of exceptions of GATTArticle11, paragraph2(a), Article20, etc. In addition, some procedural rules are made toregulate the export restrictions of GATT members.Part Ⅱ-Temporary restrictions on export to natural resources (Article11, paragraph2(a)of GATT), tries to clarify the basic meaning and specific application requirements of GATT Article11, paragraph2(a), based on the interpretation of the panel and Appellate Body in thecase of raw materials of China. The “essential products” of GATT Article11, paragraph2(a)includes raw materials.“critical shortage” does not refer only to the state that is now takingplace, and also may occur in the future.“temporarily” does not mean not to allow thelong-term implementation of the export restrictions and “long-term” or “short-term” mustaddress the particular case, determined by the specific circumstances of the particular case.Part Ⅲ-Restrictions on export to natural resources for environment (Article20,paragraph(b) and (g) of GATT), aims to make a profound analysis to Article20,paragraph(b)and (g) of GATT and clarify their specific application conditions, on the basis of summary ofyears of legal practice under GATT/WTO.20(b) of GATT requires members of the party totake export restraints for the purpose of protection of the environment and health, and moreimportant health-related goals are, less restrictive related measures on international trade, theeasier it is deemed necessary.20(g) of GATT requires the export restriction measures taken bymembers of the party aim to the conservation of exhaustible natural resources and suchmeasures are made effective in conjunction with restrictions on domestic production orconsumption.Part Ⅳ-China’s predicament on export restrictions of natural resources andcountermeasures, is some of the thinking of China’s restrictions on exports to naturalresources. This section first analyzes the legal predicament which China faces in therestrictions on export to natural resources: on the one hand, China needs to fulfill theobligations of the WTO about the universal abolition of quantitative restrictions rules,prohibiting export quotas of domestic products, including the natural resources; on the otherhand, as a new member state, China has specially made promises to limit or even cancel theexport tariff, additionally taking the “WTO-plus” obligation on export tariffs. Based on this,this section, combined with relevant WTO rules and China’s actual situation, put forward thecorresponding countermeasures and suggestions on reasonable restrictions on the export tonatural resources.