Rare cases give us what revelation?

According to the United States , Europe, Japan v. China rare earths and other raw materials trade restrictions and WTO panel report the case background , combined with China's policy and practice , come to the following revelation :

WTO for China is a " double-edged sword ", both opened the door to the world market , at the same time opened the door to Chinese resources and the environment .

On the one hand , China after WTO accession aid rules and institutions dividends, use of labor and resources, opened the door to the international quickly to seize the world market. On the other hand , China 's resources and environment also opened the door to the world market , has brought great resource depletion and environmental pollution risk exposure.

" Rare case" against fully reflect the nature of the WTO " double-edged sword " , and " there is no free lunch ", WTO not because of " protecting the environment and resources," and let the members of the random destruction of free trade rules. In this context, China needs to establish a national environmental management system and adapt to WTO rules , in compliance with WTO rules , while reducing the risk of resource depletion and environmental pollution , which in the case of " rare case" of losing re-examine the corresponding rare earth production chain environmental management policy imperative .

Under the WTO framework, the environment is not responding to the exceptions resource disputes panacea.

Although outside the WTO trade objectives , but also set up to protect the environment , safeguard human rights and other targets , but because WTO itself is a trade organization of its own property pay more attention to the decision of the WTO trade objectives , environmental protection is only one reference conditions .

From the article quoted GATT1994 Ⅹ Ⅹ environmental exceptions to paragraph (b and g money ) to defend the history of the case , the current more than 10 cases , only two received the support of the Group of Experts , the " Asbestos " and Malaysia v. United States " lobster - turtle case ." Among them, the " Asbestos " is invoked on the first successful case history WTO GATT Article Ⅹ Ⅹ paragraph b , and Malaysia v. United States, " lobster - Turtle Case" is the first to GATT1994 Ⅹ Ⅹ terms of g " the conservation of exhaustible natural resources " the case is based on a comprehensive win .

Visible citing cases in favor of the environment very few exceptions , coupled with China since the two successive trade disputes citing environmental resource exceptions are on the losing end , easy to see, under the WTO framework , in order to maximize the maintenance of free trade, promoting trade and prosperity , Expert Group on the terms of reference to environmental exceptions cautious .

"greening" industrial policy acts as a green trade policy making China the " rare case" in both lose "face" and he lost "lining ."

In the " rare case" , although China has developed the rare earth export quotas, however, statistics show that the rare earth export quota little exhausted. The reason for the price increase has prompted the international market to increase exploration and development of rare earth resources, alternative materials efforts, but more because the Chinese are not the main thing on the domestic rare earth mining and restrictions on the use of export restrictions simultaneously. In the huge price difference at home and abroad , leading to rampant illegal mining and smuggling of rare earth .

Although China claims that the implementation of the export quota of rare earth and other raw materials for the purpose of regulation is to protect the environment , but foreign critics pointed out the Chinese government did not implement the domestic producers and export quotas equivalent controls, suggesting that these policies formulated by the Chinese government is still the old some industrial protection policy, industrial policy, environmental protection is simply to put the "green" coat, " new wine in old bottles " only. "greening" of industrial policy are not recognized by WTO , making China lost the "face ."

On the other hand , rampant smuggling of rare earth to bring the disorderly exploitation of rare and difficult to supervision , in addition to the black industry chain of concealment, its regulatory environment more question. Thus, the "greening" of industrial policy did not play a role in protecting and improving the environment, essentially brought a more serious environmental damage , making China more is lost "in the child ."

In the face of trade interests , " Rare case" will not be the end of China 's resource trade disputes under the WTO framework.

With China's participation in global trade gradually promote the deepening of China's industrial structure adjustment and upgrading of China's output of natural resources from rough to finish machining resource -based business model output of finished goods business model transformation process, is bound to affect the world's natural resources market , touching the interests of the developed members in particular, more and more members. The face of changing trade patterns , in order to safeguard the vested interests of the developed countries will not stand still , and Chinese resource trade disputes are likely to be more and more.


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