Research On The Problems Of China Export Restrictions On Mineral Resources Under The Framework Of WTO

Within the WTO framework, restrictions on the import and export are prohibited in principle. However, as the implementation of the measures conform to the related exceptional provisions of GATT1994, members of the party can still manage the import and export of goods by limiting measures. In recent years, in order to protect the domestic resources and the environment, maintain the interests of mineral resources, China began to pay more attention to control the exportation of mineral resources by using of export tariffs、export quote and export license or other restrictions. But these measures inevitably influences the interests of the developed countries, such as the Europe and the United States which have a strong dependence on mineral resource of China. After entering the WTO, the trade frictions that related to the restrictions on the export of mineral resources between China and the developed countries mentioned above have increased and become increasingly fierce. At present, China’s export restrictions of mineral resources are suffering a very difficult situation.The first chapter of this paper analyzes the current situation of restrict measures related to mineral resources in China. By analyzing the reasons for implement of this measures, this paper shows that China’s export constrains of mineral resources has certain rationality. However, these measures lead to china export quality of mineral resources decreased, at the same time, the export prices are increased, which exerts some negative influences on both international market and the developed countries. So the dispute cases between China and the developed countries has been increasing gradually. Based on the review of related cases, this paper pointed out the problems with which our country are faced present in the dispute cases, namely there are some difficulties for our country to be faced with when invoke exceptional provisions related to GATT1994to justify the restrict measures related to the exportation of mineral resources.The second part of this paper focuses on analysis the main problems of China-measures related to the exportation of various Raw Materials, which take a high view of the verdict and trial of the panel and appellate body. On this basis, this paper summarizes the main reasons for the case of our lost. Research shows that, in the stage of joins the WTO, China has undertaken overweight obligations with respect to the export tariffs. On the other hand, China’s export restrictions on mineral resources failed to fully pay attention to conform to WTO rules, and these export restrictions also provides protection for domestic industry. Due to exist some ununiformed measures, and lack sufficient policy rationality in our country for restrict measures related to exportation of mineral resources, it’s difficult for China to justify these measures.The third chapter center on the hardships further put forward some suggestions and measures to protect the interests of our country mineral resources. China should made more efforts to meet the application requirements of GATT1994××(g).especially to make clear the policy rationality of measures related to export restrictions, and fully pay attention to make export constraints effective in conjunction with restrictions on domestic production. As for export management of mineral resources, China should take more emphasis on compliance with WTO rules, and make more efforts to use domestic measures to strengthen the indirect restriction on exportation of mineral resources.