Legal Issures Research Of The Case Of Rare Earth Of China

Rare earth resources in the current international society plays an important role,it is also the central point of the international political, economic, military anddiplomatic. The essence of the dispute of The Case of Rare Earth is the disputebetween the interests of the country.But once the international trade disputessubmitted to the WTO dispute settlement mechanism, it completely is legal normproblem. And the legal norm problem is behaved for the rights and obligations whichChina enjoys in the WTO organization. After the defeat of China in The case of RawMaterial, The United States, Europe and Japan take a lawsuit to China. Its purpose isto use the victory advantage in The Case of Raw of Material to benefit from China’srare material export. China must learn from the lessons of The Case of Raw Naterial,on the one hand began to perfect domestic management measures which its purpose isto make China’s import and export management measures comply with the WTOrules, on the other hand, China should make efforts to deal with the application of TheUnited States, Europe and Japan and guide the body group in the use and explain oftrreaty. China must emphaise that its export management measures about rare earthsuch as export tariffs, export quota and export license are accord with the generalexception of GATT1994article20and in order to protect domestic natural resourcesand environment and is tthe reflect of China’s national economic sovereignty. At thesame time, the international trade between WTO members should on the base ofequality and mutual benefit. For many developing countries, especially the countrieswhich join the world trade organization when the WTO agreement comes into force,should be a tolerant attitude towards their WTO commitments. For the properties oftheir accession protocol, not simple to determine it whether belong to a part of theWTO rules from the literal words,but from its role in WTO rules and on the basis ofequality. The healthy development of the international trade and the sustainabledevelopment of the human society, need mutual undersranding and support of thecountries all over the world.This paper is divided into four parts. The first part simply analysis the world of rare earth needs and the situation of China’s rare earth trade faces. Then clarified thatthis case take action after the victory of The Case of Raw Material. And its purpose isto get China’s cheap rare earth resources. Analysis how China’s managementmeasures influence The United States, Europe and Japan. Then analysis both sidesappeals and the provision may be involved in in this case. In the last, compared TheCase of Raw Material and The Case of Rare Earth in order to learn the lessons of TheCase of Raw Material and find a breakthrough in The Case of Rare Earth. The secondpart analysis the reasons which China can reference. China can find excuses fromenvironmental protection, domestic production and national economic sovereignty tosupport the legitimacy and rationality about China’s management measures in rareearth. The third part analysis the focus of this case------the quote and expain of theGATT1994article20. And explain the relative clauses of China’s Accession Protocol.Then judge the nature of the accession protocol in order to support the legitimacy ofquota the GATT1994article20. The fourth part compare the policy and law measuresbetween The United States and Japan. And reference their experiences in orde tomake China’s economic and law measures consistent with WTO rules.