Study On Legal Issues Concerning The Case Of Us Eu And Japan V. China’s Limitations On Rare Earth Export

On March13,2012,the United States, the European Union and Japan filed a tradedispute litigation against China to the WTO, as China’s export restrictions on rareearth products violates the WTO rules and China’s WTO accession commitments.This is the "rare earth war" of China and the United States, European Union, Japan.On March26,2014, the WTO Panel published the Panel Reports of this case, RulingChina in violation of the relevant WTO rules and WTO accession commitments.China lost this case.This paper is divided into four parts, first of all, it discusses the background of thecase, introduces that China’s rare earth resources are rare earth reserves sharplyreduced and the serious problems of environmental pollution, China based on theprotection of resources and environmental considerations will export encouragementpolicy into export control policy. Then the paper introduces the major controversies ofthe prelude of "rare earth case" that is "raw material case". We can see the similaritybetween the two cases is extremely high. They are the trade disputes of developedcountries put forward to China’s non-renewable resources. The second part introducesthe legal analysis on the case. Introduce the case process. The complaint charges ismainly China has violated the WTO commitments and GATT1994related regulations,and the transparency of WTO principles. Then according to China’s rare earth exportrestrictions are in conformity with WTO accession commitments and GATT1994related provisions of sexual analysis. Finally, the paper analysis the defense of China,that is the GATT1994article20, and then in-depth analysis the case. The third partmethod combined with the case analysis of China’s losing reason, mainly include: thebroad WTO commitments, the domestic laws, regulations and policies areinconsistent with WTO rules, the evidence is not sufficient, policy is not transparentand so on. The article last part of the natural resources on China trade disputeintensified the situation put forward the corresponding opinions and Suggestions, hoping to protect domestic rare earth resources and find a reasonable balance betweencomply with WTO rules.