Study On The Application Of GATT 1994 General Exception Clause To China'S Export Restriction Measures

Under the WTO framework,the WTO Agreement signed by the member states is complex,and the multilateral agreement attached to it is more cumbersome.Among them,the GATT 1994 general exception clause has important significance and role in the WTO framework.According to the provisions of the exception conditions,WTO members can abandon the general principle of GATT 1994 under specified conditions,implement specific measures in the country,and are not subject to the obligations of the WTO Agreement.The exception clause includes a preamble and specific exceptions.To properly apply the specific provisions of subparagraphs(b)and(g)of the exception clause,the measures of the member states must not only meet the specific provisions of the exception clauses(b)and(g),it It must also comply with the preamble and must be in accordance with the order of application and should not be changed at will.It is precisely because of the application of the exception clauses(b)and(g)that there is a strict censorship system,and the review of the exception clause(b)is more stringent.Therefore,China's measures to impose export taxes on rare earth resources have not yet been adopted.Sexual review.In addition,in other cases of international trade disputes,few other countries have correctly applied the exception clause(b).It is under this circumstance that the expert panel ruled that China's export restriction measures violated the export tax commitments stipulated in the China WTO Accession Agreement,and violated Article 11(1)of GATT 1994 and the “China's Accession to the Working Group Report”.The provisions of Articles 163 and 165.On this issue,China advocates invoking the exception clauses(b)and(g)to defend,but ultimately loses.It can be seen that the study of the application of exception clauses(b)and(g)will help to resolve trade disputes arising in similar situations in the future.In the case of rare earths,countries such as the United States and Japan sued China,arguing that China's export tax on rare earths and other products violated China's export tax commitments.China's export quota measures violate the provisions of the exception clause(g).My country recognizes the above facts and invokes the exception clauses(b)and(g)to defend.In this case,China and the expert group have two points of controversy.The first debate is whether the exception clause(b)can be invoked if China violates the export tax commitment.If the exception clause(b)can be invoked,China Whether the export tax measures meet their specific requirements.The second point of debate is whether the export quota measures implemented by China comply with the provisions of subparagraph(g).The purpose of this paper is to study rare earth cases,study the application of China's export restriction measures to exception clauses(b)and(g),and explore whether they fully comply with paragraphs(b)and(g)and for China.Policies and laws and regulations propose changes.