WTO Dispute Chinese Rare Earth "first instance" loser

The Chinese government in recent years to strengthen and improve the high pollution, high energy consumption of the integrated management of resource products . This is not only China conservation of exhaustible natural resources and the needs of the environment , but also for the important efforts made ​​to maintain global sustainable development . China is currently evaluating the report panel decisions and make proper follow-up of the case under the WTO dispute settlement procedures .

Geneva time at 14:00 on March 26 ( Beijing time at 21:00 on the March 26th ) , World Trade Organization announced the appeal Chinese rare earth, tungsten, molybdenum export management measures related to the case of the expert group report of the U.S. , EU, Japan , up more than 260 page final report made ​​a regrettable conclusion.

Commerce Department of Treaty and Law Department official has issued a statement that the panel approved a comprehensive resource and environmental protection measures in China for rare earths, tungsten, molybdenum taken , dismissed the application for EU companies molybdenum export quotas " export performance " requires discrimination foreign companies argued that the Chinese side appreciates .

For the Panel finds that China's export duties involved in the product, export quotas and export quota management and allocation measures are inconsistent with WTO rules and China's commitments on joining the WTO , China regrets .

U.S. , EU, Japan lawsuit against Chinese rare earths, tungsten, molybdenum export management measures related products , began March 13, 2012 . United States and Europe that China's rare earths , tungsten and other significant proportion of global reserves , export restrictions to countries had an impact on the development of related industries , and therefore resort to WTO dispute settlement mechanism. The case attracted attention WTO members , Brazil, Russia, Canada , Australia and other 16 members of the hearing as a third party involved in the case .

Rare earths , tungsten, molybdenum is an important natural resource. For a long time , China has accounted for only 23% of the world 's rare earth reserves , 47% of tungsten reserves to supply more than 90% of rare earth products to the international market , 80% of tungsten products for the industrial development of the global rare earths , tungsten , etc. made ​​a great contribution . Rare earth and other non-renewable resources , limited reserves , and when mining is likely to cause environmental pollution. Taking into account the resources, environmental protection and other issues, the Chinese government has taken quotas and export tariffs and other management measures . 2011 , to promote the development of rare earths , tungsten, molybdenum and other industries , the Chinese government issued the " Opinions on Promoting the healthy and sustainable development of rare earth industry " , and gradually establish and improve a rare earth, tungsten, molybdenum and other industry access standards , strengthen the management .

Moreover , despite the huge pressure on the environment , China is still an effort to rare earth resource exports remain at a certain level. Some countries also have such products export volume of rare earth resources in long-term zero, but at low prices to import large quantities of rare earth resources. Over the past few decades , China 's rare earth reserves first, production of the first outlet of the first , but no pricing power. Rare sale , price and value has been the opposite , known as the " gold selling price of cabbage ." And rare earth resource products can promote industrial upgrading through deep processing. Whether the need for environmental protection , or the need for structural adjustment , China is entitled to put forward their own development strategies of resource products .

" facing increasingly severe pressure on resources and the environment , the Chinese government in recent years to strengthen and improve the high pollution, high energy consumption of the integrated management of resource products . This is not only China conservation of exhaustible natural resources and the needs of the environment , are also important for maintaining global sustainability efforts made ​​. " Law Department, Ministry of Commerce official said .

With the continued increase in Chinese trade, trade friction encountered are growing . In recent years , China trade friction in response to the relevant proceedings have gradually learned to use WTO rules to safeguard their legitimate rights and interests. Associate Professor, Chinese Academy of Social Sciences Institute of International Law , said Liu Jingdong , to see the positive significance of the expert group report. Earlier, in a similar raw materials , the Panel agreed that China has no right to defend the use of exceptions . In this case, it appears different voices , some experts believe that China has the right to defend the use of exceptions , it is important to safeguard the rights of the progress made ​​in China . In addition , it should be noted that the Group of Experts approved of export restrictions in mind , the protection of environmental resources fully affirmed , but on some of the specific measures we need to make further adjustments . Associate Professor of Law , Tsinghua University吕晓杰also believe that we need to be more familiar with and use of WTO rules to fight for their legitimate rights and interests .

" China will continue to comply with the WTO rules on ways to strengthen the management of resource products , maintain fair competition. " Law Department, Ministry of Commerce official said , " China is currently evaluating the report panel decisions and make proper follow-up of the case under the WTO dispute settlement procedures . "


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