The Perfection Of China’s Rare Earth Trade Control Measures

China as a rare earth power, storage capacity of rare earth resourcesin the world, but China is not rare earth power, abundant rare earthresources did not become in the advantage of rare earth on internationaltrade in China, but because of the excessive exploitation, production andexport of rare earth, result in serious damage rare-earth mines vegetationand the ecological environment of the bad phenomena such as soil and waterloss, it has become China’s pain of rare earths. China in order to protectthe ecological environment and dragon’s rare earth resources areavailable, and made a series of export controls on rare earths, but underthe world trade organization system, the export control measures wereidentified as multiple member countries limit the international trade ofrare earth resources, in violation of the obligations to the world tradeorganization in China.This article from the China’s export restrictions on raw materialsof measures of2009and the China and Europe, in rare earth exportrestrictions of2012according to the analysis of two case studies ofChina’s rare earths enlightenment of international trade. Reviewing thehistory of the China’s rare earth export control measures, analysis ofChina’s rare earth export control measures and its development and changes,showing in the trade through trade management system to strengthen theimplementation of the trend of environmental protection in China, andChina’s rare earth export controls the necessity and the existing systemof rare earth export control measures.GATT1994article20is adopted in China’s rare earth export controlis related to trade the main basis of environmental protection measures. GATT1994the general exception clause of article20listed may be exemptedfrom the obligation of GATT1994rule special circumstances. One exceptionhas two related to the environment, the article20of the paragraphs (b)and (g), the two models and the preface of article20constitute theapplicable condition of environmental protection measures in trade.Detail for GATT1994article20(g), is analyzed in this paper, the contentand component of combining China’s rare earth export control measures toanalyze its legitimacy, and then points out that the defects of China’srare earth export control measures, in China’s domestic laws andregulations related to rare earth export control should not only from thevalue goal and the concrete system design meet the requirement ofenvironment and resources protection, and pay attention to the consistentwith the world trade organization (WTO) framework and links up, also forChina’s current rare earth export control measures also should makefurther supplement and complete.