Research On Legal Issues Of China Rare Earths Protection And Export

Rare earth metals and functional materials,as a key carrier of science and technology and information transmission,stimulated the world nations begin to expand reserves from oil to the rare mineral resources and strategic metals in the continuous development of global industry and information technology.In face of the slow recovery and weak demand in the world economic environment,trade friction has become "normalized" since China's participation in international competition.Therefore,only in-depth study,familiar with and master the rules of the WTO rules under the WTO framework that could better exercise the economic rights with China's foreign economic development obligation.Following the "China's raw materials export restrictions case","rare earth case" is another lesson.Therefore,only in-depth analysis and actively respond to China's rare earth export issue,such as export tariff irregularities,export quota violations,foreign trade enterprise qualification conflicting of WTO agreement and policy-making opaque and other legal complaint,that can provide a legal basis for the protection and export of rare earth resources and the long-term strategy.In order to protect rare earth resources,this paper focus on legal issues of export tariffs and export quota.This paper is divided into four parts:The first part summarizes the causes of the WTO dispute on rare earth export through detailed analysis of imbalance supply,demand of rare earth market and the rare earth dispute between China,USA,Japan,and EU.The second part not only made detailed analysis of appeal of the United States,Japan and Europe in accordance with the WTO framework agreement and defense of China but also other rare earth export policies,regulations and other legal issues.The third part gives a detailed analysis of the basis and conclusion of the appeal body's decision on the content of the appeal and the defense.And that there is insufficient evidence to invoke GATT1994,the general exemption clause,to distinguish between the "do not apply the article to the defense and "WTO's ruling of rejection by using".Besides,public opinion errors has been corrected.The fourth part put forward new countermeasures and suggestions based on the analysis and conclusions of the second and third part,which would be helpful to put forward the feasible alternative measures of rare earth export restrictions and provide reference for management of other rare mineral resources.