Exceptions Research On General Elimination Of Quantitative Restrictions Under WTO

Being an indispensible part under WTO Legal Framework, GATT is also a significant basis for regulating multilateral trade, where the goal is to decrease trade barriers among the members of WTO for accelerating the liberalization of international trade. As one of the trade barriers regulated by GATT, reducing quantitative restrictions are always regarded as one of goals of GATT. However, in consideration of uneven social and economic developments of the members, the members have a right to use quantitative restrictions under some special circumstances provided by GATT. This thesis will focus on the application of Article 11, 20 and other related articles of GATT and some high-profile cases with respect to quantitative restrictions including “China-Measures Related to the Exportation of Rare Earth, Tungsten and Molybdenum” to achieve comprehensive understanding of quantitative-restriction exceptions under WTO System. This thesis will also research on the application of quantitative restrictions in international trade and provide some reference for policy making of competent authorities.With the exception of chapeau and conclusion of this thesis, there are four chapters are introduced by the following.Chapter One: this chapter begins with the definition of quantitative restrictions elaborates the known opinions concerning the meaning of quantitative restrictions in academics, comprehensively researches on the general form of quantitative restrictions, quota, import license, voluntary export restraints, states the characteristics of quantitative restrictions compared with the other non-tariff barrier and non-tariff trade barrier, and also elaborates the related special issues in the international trade, such as the line between the government measures and personal measures, trade balance measures in import, and more emerging import quantitative restrictions.Chapter Two: This chapter introduces the WTO quantitative restrictions, and research on the exception application to Article 11.1 of GATT through “Japan—Semi-Conductors” case. This chapter also introduces non-discrimination application of quantitative restriction of Article 13 of GATT, and the comprehensive report procedures demanded by WTO Council for Trade of Goods in 2012.Chapter Three: This chapter elaborates the chapeau of Article 20 of GATT, explains the application of this chapeau through “ United States—Shrimp” case, followed by a detailed analysis of the exception clause of Article 20, and "necessary" connotation, then introduces the Article 11.2 of GATT which prescribes the normal cancellation of quantitative restrictions generally does not apply to Article 11.1, as well as exceptions to Article 14 of GATT of the principle of non-discrimination.Chapter Four: This chapter studies the legal framework of China’s quantitative restrictions with elaborating the commitment of China’s accession to WTO, relevant internal laws and regulations, and other alternatives. This chapter researches on “China rare earths” case related to the export quotas, analyzes the opinion of the Panel and Appellate Body and the application of Article 20(g) of GATT, and advices on the current domestic export quota provisions. Finally, all the above studies are going for further understanding the specific meaning of quantitative restrictions under WTO System and the legal practice in international trade.