Study On The Application Of Article 20 Of GATT To WTO Accession Protocol

March 13,2012,the United States,European Union and Japan formally proposed consultations with China on China’s rare earths,tungsten and molybdenum related export restrictions(hereinafter referred to as "rare case")in the WTO dispute settlement mechanism,in June 30 th 2012 official present the application for establishment of the Panel to the WTO dispute Settlement body.There are many similarity on measures and provisions between “The Rare Cases” and "The Material Case" and "The Publication Case".Based on the three cases,this paper analyzes the relevant issues of Panel and Appellate Body on GATT application of Article 20,and to clarify the relationship between the GATT Article 20 between the Protocol of Accession in order to find a possible approach to solve the GATT Article 20 and the Accession Protocol the relationship issues.In fact,after a long period of time "to avoid justice",WTO judiciary has finally decided to address the issue after "The Publications Case" in 2006,subsequently“The Rare Cases”and "The Material Case" arise,the Panel and the Appellate body of the WTO dispute Settlement body ruled them all.However,WTO Dispute Settlement Body ruled on three cases has caused a lotof controversy in academia.Although the three cases came out with different reasons,but the focus of the dispute is very similar,both involving non-trade issues such as protection of the members interests on business management sovereignty,WTO policies,the special law attributes of the Accession Protocol,the key problem is identify the relations between the Accession Protocol and GATT Article 20.For the identification of their relationship directly affects the core issues that China has the right to invoke GATT Article 20 in the WTO proceedings and how to invoke GATT Article 20.In this paper,"The Rare Case" as a research center,supplemented by "The Publication case" and "The Material Case",through the analysis of the cause of action,WTO ruled that the judiciary,academia summarized the different views put forward their views for our country providing a slight theoretical power possible related litigation in the future.The first part of this paper focus on the Panel and Appellate Body Report on "The Rare Case" and "The Material Case" and "The Publication Case" to summarized,and leads to the application of Article 20 of the GATT.The second part focuses on states that Panel and Appellate Body Report of "The rare case" the explanation of applyArticle 20 to Accession Protocol,appropriate academic references to GATT Article 20 multiple perspectives apply in the accession protocol,through the WTO Dilemma between documents,academic journals and other materials for analysis,supplemented with negotiation situation,"the Accession Protocol" signed on the background and GATT Article 20’s the history,the nature of the "Accession Protocol" to concluded GATT Article 20 applies to the WTO Protocol in-depth study.Finally,based on the summary of "The rare case" and study the scope of GATT Article 20 application,as basis for the interpretation of "the Vienna Convention on the Law of Treaties" to find a proper way to apply GATT Article 20 into "the Accession Protocol" in a reasonably comprehensive legal interpretation.