The Legal Application Research On The Article XX(g) Of The GATT 1994

As an important environmental exception clause of the World Trade Organization,Article XX(g)of GATT 1994 is one of the important provisions cited by China in the rare earth case.China ended in failure,the Appellate Body finally ruled that China violated Article 11.3 of the China Agreement on Entry into the WTO and could not quote Article XX(g)of GATT 1994 as a defense.China's rare earth case is worth pondering and we should learn from the lessons and analyze the GATT Article XX(g)of the legal application,combined with the reasons for failure to study how to improve restrictions of the export of scarce natural resources in the WTO law and domestic law and how to better participate in WTO rules negotiations in the future.This paper is divided into four chapters.Chapter one is to review the case of China's rare earth case,which mainly elaborates the development process of China's rare earth case and the three main points of dispute.Chapter two is to take Article XX(g)of GATT as a defense,which is intended to address the substantive conditions and procedures that quote general exceptions clause as a defense.Chapter three is to analyze whether China's rare earth case citing Article XX(g)of GATT as a defense is reasonable.Chapter four is to analyze the enlightenment of Rare Earth Case.This part is to improve restrictions of the export of scarce natural resources in the WTO law and domestic law and participate in WTO 's legislative and judicial reforms to avoid similar cases mainly through the lessons learned in the case of rare earth case with domestic and international efforts.