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Feasibility Analysis Of China’s Defense In WTO Rare Earth Case

Posted on:2014-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ShenFull Text:PDF
GTID:2296330473957895Subject:International law
Abstract/Summary:PDF Full Text Request
On January 30,2012, the Appellate Body of DSB, WTO issued the Final report on China-Measures Related to the Exportation of Various Raw Materials Case, ruling that some of China’s export restriction measures do violate GATT articles and do conflict with China’s commitments to WTO in China’s Protocol of Accession. The rulings soon gained great attention and raised deep concern in China. On March 13,2012, China is faced with another dispute in DSB concerning its export restriction measures of rare earth according to the complaint filed by America, Europe and Japan. Due to the similarity between the subject and arguments in the two cases, it is deeply concerned that China’s export restriction measures on rare earth will repeat the failure of those of the 9 raw materials. In this regard, in this article, I will learn from the panel reports and report of the appellate body in the raw material case, and analyze the applicability of possible arguments that China could adopt in the case of export restriction measures of rare earth. The possible articles that could support China in the arguments are GATT Article 11,2 (a) and Article 20(b) and (g) and Article 11,3in China’s Protocol of Accession. The analysis will be based on the former case reports of DSB and will be focused on the Chinese export quotas and export tariffs of rare earth. The main purpose of this article is to find out the best possible defense policy for China in the rare earth case and thus protect China’s legal rights and legal profits in global trade field.This article is consisted of four parts.The first part is the outline of China’s possible defense policy in the rare earth dispute. I will first introduce the background and development of the rare earth exportation restriction measure dispute and conclude the main complaints of America, Europe and Japan. Then I will give a brief introduction to the history of the related exportation restriction measures in China and focus on two main policies---export quotas and export tariffs. Finally I will choose the possible applicable article for argument through comparing the subject and argument of the rare earth case and the raw material case.The second part is the possible defense analysis for the argument of China’s export quotas on rare earth. This is the key part of this article and also the most complicate part of the argument. This part will focus on the analysis of the applicability of three possible articles as the defense of China’s export quotas through discussing whether China’s export quotas meet the requirements of these articles. The author finds in this article that the best applicable articles include GATT Article 11,2(a) and GATT Article 20 (g). GATT Article 20(b) is excluded because export quotas can’t meet its application standard.The third part is the possible defense analysis for the argument of China’s export tariffs on rare earth. This part will focus on the on the analysis of the applicability of three possible articles as the defense of China’s export tariffs through discussing whether China’s export tariffs meet the requirements of these articles. The author finds in this article that Article 11,3 in China’s Protocol of Accession is excluded because export quotas can’t meet its application standard. The applicability of GATT Article 20 depends on the actual arguments.The fourth part is the Conclusion of this article. China is fully prepared for the defense in the dispute concerning the exportation restriction measures of rare earth. The analysis in this article proves that China is able to defend its exportation restriction measures through adopting applicable articles in the argument. Although we haven’t been able to foresee the rulings in the panel report, the analysis itself has brought China many benefits as it provide China with better exportation restriction measures in the future and better development policies for rare earth.
Keywords/Search Tags:WTO, rare earth case, export quota, export tariff
PDF Full Text Request
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