Rare behind the Sino-Japanese dispute WTO: China had lost the outset

March 26 , WTO announced the United States , European Union, Japan, the prosecution panel report Chinese rare earth, tungsten, molybdenum export management measures related case , ruled that the export control measures Chinese products involved violations. This is no sudden lost , because from the beginning two years ago , about the outcome of this war prophecy Rare already been repeated countless times . Basically exactly the same content even lawsuits , we've lost back in 2009 , the last result , we were forced to open bauxite , coke and other 9 kinds of industrial raw material exports . But this time , we do not know the time to fight the use of the appeal period established five rare earth group , can remedy the situation . I do not know whether we can in the first 14 years of the WTO , to say we do not have to pay the successful tuition .

"conduct the full range of violations "

RE battle , officially started two years ago .

March 13, 2012 , the Japanese Ministry of Economy that China restricted rare earths, tungsten, molybdenum exports of three raw materials violate WTO regulations , request a joint EU and the United States, filed a complaint with the WTO. "From the moment the complaint in Japan , the Chinese government has been lost, and because the violation is an established fact. " China WTO Research Institute of Foreign Trade University to Chongqing Youth Daily reporter Zhang Hanlin , said the controversy about the rare earths , from that moment on has been lost.

Why lose ? Back in the " Legal Evening News" March 20, 2012 on , he published a CASS Institute of Finance Strategic Analysis Jing Tang article . Article believes that this complaint focused mainly on two aspects: first , China 's rare earth export restrictions material meets the WTO legal provisions GATT Article 20 (g), (GATT members to not impede implementation of the " protection of exhaustible natural measures relating to resources, and with restrictions on domestic production or consumption while implementing measures " ) ; second, China's export tariff meets the exceptions .


analysts believe that Chinese domestic consumption of rare earth mining and yet take appropriate restrictive measures , so this aspect may be the soft underbelly of China in the field of litigation . After the defense , the WTO should be submitted to "prove taken appropriate restrictions on domestic production or consumption measure" evidence. In the export tax, if you need to WTO approved " special exception ", the Chinese must meet the procedural requirements , such as the "prior consultation with affected members ." But clearly, China also did not perform these procedures. Finally, the article concludes: " In the absence of cooperation, communication premise alone approach will undoubtedly raise tariffs under the existing WTO framework has no legitimacy . "

Two years later , when the WTO panel report was released , the main reason for the analysis of the article 's conclusions and Jing Tang amazing consistency .

That year, the same as with the soup Jing analysis of rare earth dispute with the regulations , as well as the " Japanese Economic News " editorial vine Kang -ho . Although the vines in a small part of the article is also used to analyze the terms " illegal Chinese restrictions on exports of rare earths ", but its focus has landed on inciting nationalist sentiment . Use in the 1970s , Japan experienced the "out" alluding to the rare earth dispute to the level of the entire event distort " economic war" .


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