Re: will appeal Chinese defeated again?

The WTO announced the United States, European Union, Japan v. China rare earths , tungsten, molybdenum export management measures related to the case of the panel report : China's ruling export management products involved violations. A month later, China picked up the law as a weapon , to submit the relevant documents to appeal the WTO Appellate Body . It is reported that China is on the panel report in more than 170 passages raised objections that the report misinterpreted the WTO rules and China's WTO accession documents, and then asked the Appellate Body rejected the panel report in China " export quotas " and other irregularities ruling related. Recently, the Ministry of Commerce said on the matter , regardless of the outcome , the Chinese environmental protection, environmental policy objectives will not change.

But the reality of China 's rare earth exports , with China the country's " environmental protection, environmental goals ," There is no relationship. All mining products in China , export and other laws and China's own development environment, perform root of the problem related to environmental protection , but there is no direct relationship with the Chinese exports of rare earths . Like all commodity exports , like China , is China's own " environmental law " Product Quality Law , the relevant commodity standards , etc. China's own laws to regulate , support and other aspects of the problem. You can not put all your merchandise exports are attributed to the " Chinese environmental protection, environmental policy objectives " up .

China appealed

" We note that the United States on April 8 v. China for its rare earths , tungsten, molybdenum WTO Dispute export management measures related to the WTO dispute settlement body appealed to the WTO Dispute Settlement in China on April 17 bodies cross- appeal . " This is a Ministry of Commerce spokesman Shen Danyang said today that the current case is in the trial stage of the Appellate Body , the Chinese side will make every effort to appeals . No matter how the outcome of the appeal , China to protect resources , environmental policy objectives will not change , it will continue to comply with the WTO rules on ways to strengthen the management of resource products , maintain fair competition.

The WTO in March 26 released a report on China Rare Earth Group of Experts on the case to support the claims of most of the U.S., Japan , Europe tripartite also rejected the part of the prosecution 's claims . Report that Chinese export restrictions on raw materials , including 17 kinds of rare earths , tungsten and molybdenum imposed violation, preliminary Chinese exports of the product concerned management measures violations.

Ministry of Commerce said China's export duties for the Panel found that the product concerned , export quotas and export quota management and allocation measures are inconsistent with WTO rules and China's commitments on joining the WTO , China regrets . WTO and other relevant international regulations long-term studies scholars analysis: China not regret , we can not fulfill WTO ruling.

Made in accordance with the WTO organization within the time referee rules , in accordance with the relevant provisions of the Appellate Body should be 60 days , no more than 90 days reply , support , modify or reject the panel report . This indicates that China's rare earth export Dispute Case dispute resolution procedures into the appeals process. However , WTO settlement mechanism proposed program appeals only from a legal point of view to explain the different views , you can not re- cross-examination, or a new open question .

" different opinions from the perspective of legal interpretation ," China has always participated in all international organizations referee in case of a major program weaknesses , often Chinese take domestic law to understand, tried to explain the theory of international law, to find basis. However , "It is worth noting that the WTO members to respect the sovereignty of natural resources , accreditation resources , environmental policy objectives , which is in the report of the Expert Group which has been reflected ." But in the Chinese territory of any " environmental protection, environmental policy objectives" is China's domestic law to solve the problem, the rules can not WT0 jurisdiction.

For more than 10 years China 's controversial rare earth exports , the experts in international law have the CASS , said: " At present , the final result for the appeal , the hopes and fears coexist. On the export tax problem, some members of the Group as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . However, from the previous judicial practice WTO Appellate Body ruling to overturn the possibility of the expert group is not great , which is a major worry for China to appeal the results. But even so, should not be shaken, even give up fighting for the rights of determination and confidence , because , after all, is an opportunity to appeal to reiterate China 's views and positions . "

Some foreign researchers believe that WTO law , all WTO members in more than 150 organizations , like the Chinese for "rare earth exports ", " tire special safeguard " and other cases , have been defeated , a defeat in the end of international law litigation, most countries are not going to fight in the end this will be a lawsuit because of repeated litigation costs huge unpaid squandering national financial resources , but also a battle in the end lost Zaibai , has been defeated in the end . Like " tires safeguard " Chinese tire exports have been heavily affected by the global tariff sanctions , including Venezuela , the United States and more than 40 countries , is an international referee has been lost, there is no reason to have lost in the end , is to take taxpayer money without numbers to vexatious .

According to international rules , " a card "

Despite China's WTO accession has been more than a decade , but China has been caught domestic "first party after the country" , the long-term to the " rule of man " a certain leader 's will to go its own way , to participate in international competition in the market , but as the global of deepening the rapid development of highly sophisticated products with the global launch frequently , constantly upgrading , global demand for rare earths volume is growing rapidly . The rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Recently, the Chinese government by restricting the export tariffs, export quotas and export channels in order to achieve the protection of scarce resources , protect the environment , this country , two different foreign environment practices , resulting in the United States, Europe and Japan , as rare as a strategic resources and long-term imports from China traditional "big " their great dissatisfaction . According to the relevant data show that: in 2013 , China 's rare earth export quota of 24,000 tons total , but the actual physical volume of exports of rare earth products the annual quota of only 22,900 tons , unfinished quota.

Chinese rare earth export quotas to resort to international law, the referee dispute began in 2008 , then in 2009 , the EU proposed to ask the Chinese to lift the export quotas of rare metal products ; 2010 , the United States , Mexico and other countries ED also submitted a memorandum WTO , asked China to cancel the rare earth export quota system ; until the end of 2012 , the United States , Japan , the European Union filed suit on rare earth issues raised that China 's rare earth export restrictions on high-end industries, and other countries have had an impact , it is necessary to be resolved through the WTO referee . Therefore, China 's rare earth industry is concerned, in accordance with international rules , " the card" as a priority, but also the future direction of China the only thoroughfare globalization.

China when services where : ( 1 ) is clear ownership of resources , should the tax - to accomplish something on the resource tax , which is the international norm. All foreign mineral resources are privately owned , the ownership of clarity , both the central and local profit. However , China 's resource ownership is not clear , it should be clear ownership and exploitation rights and free enterprise resource holder the right to actively implement the principle of freedom of trade and investment with the WTO rules relating to ; ( 2 ) , is a strategic resource disposition to comply with international rules. China should learn to act in accordance with international rules . According to most of the United States and other countries are currently no taxes on exports of rare earth , rare earth taxing exports to China , is clearly not in line with international rules . United States to implement the strategy sequestration , China certainly viable strategy sequestration , or strategic reserve ; ( 3 ) , a security policy. There are national security , economic security concept internationally. WTO believes that security policy is the exception. This principle is also applicable to China . China is no corresponding legal acts to protect , in view of national security , export controls on dual-use items . Where there may be used for military resources, technology exports, including some rare earth can be used for military , China can justly prohibit the export ; ( 4 ) , is China's rare earth export production has formed an international crowd of supply and demand , so with international standards, integration, without contradiction is the basic direction ; ( 5 ) , in the field of WTO and international trade , do not engage in " Chinese characteristics ", otherwise China trade and export commodities, will face even greater , broader, more comprehensive international impedance and disharmony.

Chinese exports of rare earths case , the tire special safeguard case , are China and the WTO, international trade rules impedance classic case. In addition, China and the future as it is now to get more merchandise trade , trade, more extensive "voice" of rare earth trading transactions tires , the scholars suggested that : (a ) , the rare earth resources through fair , publicly traded , trading under the sun , the number of rare earth enterprises qualified properly integrated ; paragraph (b ) to establish market rules in exchange-listed international implementation of spot and futures , 24- hour trading and forward transactions to stabilize , regulate , establish the overall market for the world to develop a global free trade contribution ; (c ) , may also consider using RMB, multi-currency, cross-border transactions comprehensive settlement of the transaction ; ( four ) , the first international as now in Hong Kong , Singapore and Taiwan , and then consider the New York, London , tokyo and some other market traded publicly networking ; ( five ) , China rare earth full integration , compatibility, publicly traded in the international market . Source: Prospects network


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