Analysis of the prospect of Chinese rare case

WTO announced the United States , European Union, Japan and other members of the party complained Chinese exports of rare earth tungsten and molybdenum - Measures ( referred to as: " rare case" ) panel report , the report says , the Chinese government adopted a series of measures to limit the export of these products violation of the WTO rules should be amended to conform to WTO rules . In this regard, the Chinese side expressed regret and has recently decided to appeal the panel report in relation to the WTO Appellate Body .

In recent years , Chinese government for the purpose of protecting the environment and exhaustible domestic resources have been put forward a series of measures to limit the export of raw materials such as rare earth , which caused the United States, Europe , and Japan , as rare as a strategic resource and long tradition imported from China "big " their dissatisfaction. But in fact, rare earth resources in China have not rich , but it has long been the world's largest rare earth export country . With the rapid development of high-tech industries , global demand and rapid growth in the consumption of rare earths . Rare earth resources are non-renewable mineral resources , due to the large number of years , disorderly exploitation , China 's rare earth resources are on the verge of exhaustion . On the other hand , rare earth production, processing a tremendous impact on the ecological environment , environmental pollution caused by its mining more serious . Seen, to some extent, limit exports of rare earths will undoubtedly help to curb the momentum of China 's rare earth mining , consistent with the policy goals of sustainable development.

Many people do not understand , is this a very proper measures are WTO panel did not get recognized , but the judgment against the Chinese ? Some people ask, Does the Chinese government must sacrifice their own resources and the environment to maintain a large number of exports to developed countries do ? For China, this is fair? In fact , just read the panel report , it is not difficult to find , WTO Expert Group did not identify the Chinese government restrictions on the export of raw materials and rare earth purpose is wrong, not only that, the expert group on the Chinese side to protect exhaustible resources and the environment in mind to be sure that this is not only consistent with the objectives of sustainable development pursued by the WTO , but also China has sovereign rights to manage natural resources. Unfortunately , the Group believes that some restrictions on the export of measures taken by the Chinese side did not achieve the above objective , for some reasonable evidence and views put forward by China were not admissible . Especially in the export tax measures , despite an expert group members supported the Chinese point of view , but in the end the Group of Experts still believe that China is not entitled to invoke GATT Article 20 , " General Exceptions " clause of China 's export tax take defense .

On appeal , we should carefully analyze the report of the Group , on this basis, the full use of WTO rules and construed in accordance with the law argue utmost to strive for the success of the appeal . In accordance with WTO rules , the Appellate Body only appeal to review the legal issues of the case , therefore , the ability to use the rule of law , the explanatory power is critical to the success of the appeal . Now it seems that the final result for the appeal , the hopes and fears coexist.

On the one hand , the export tax, an expert group members as well as Russia , Brazil , Argentina and other members of the party 's support for China -related positions so that we see the hope . In the case hearing , the experts believe that , starting from the integrity and overall perspective of interpretation of the WTO Agreement , together with the Chinese side should enjoy the " general exceptions " rights conferred by Article 20 of GATT on the export tax issue with the WTO members , the provision allows members to meet the statutory requirements under the premise of protecting the environment and exhaustible resources , the protection of human , animal and plant life and health and violate WTO rules.

The WTO has ruled in China - nine kinds of raw materials case , WTO Expert Group based only on China ' accession to the Protocol , " the terms of Article 11.3 of the export tax is not recognized on the Chinese side has no right to invoke GATT1994 advocate on the issue of export taxes GATT Article 20 " general exceptions" rights conferred by this new member of the WTO , such as China is obviously unfair . To this end , the Chinese government and international law experts , scholars have been using a variety of occasions , actively using the theory of international law and WTO rules argue , finally won the " rare case" in which an expert as well as a number of important WTO members support , indeed made ​​important progress . But one can imagine , on this issue , the appeals process between China and the United States, Europe, Japan and the inevitably there will be a battle , we must be fully prepared for all aspects of the fight to change the position before the WTO Appellate Body held , China is in favor of the right to invoke GATT Article 20 , " general Exceptions " in terms of export taxes .

In addition, efforts to protect the environment and exhaustible resources expert group to ignore some of the evidence submitted by China and , in particular, that the Chinese government take to limit the number of rare earth and other views licenses and other export restrictions and WTO rules we should further explain and defend to the Appellate Body . Of course , from a previous judicial practice WTO Appellate Body ruling to overturn the possibility of the Group of Experts was not great, which is why we worry for the outcome of the appeal , but even so, should not be shaken, even give up fighting for the rights of determination and confidence because , after all, is an important opportunity to appeal to reiterate our views and positions .

Meanwhile , at home, our government departments and local should urgently re-examine whether there are areas for improvement restrict the export of rare earth and other raw materials and concrete implementation of policies and measures to implement the process . For example , in accordance with the requirements of the WTO rules and the " principle of good faith " in international law , at the same time should also restrict the export restrictions on domestic production and consumption , export restrictions , if on the one hand , while on the other hand the domestic production and consumption is increasing , this will form the international trade " arbitrary, disguised discrimination ," which is not allowed by WTO rules . In particular it should be noted that, after the central government has formulated policies , some local governments and enterprises only their " petty " , openly or covertly continuing large number of mining rare earths , the so-called "policies , under measures " , not only with the efforts made ​​by the national environmental protection and related decisions contrary , but also invited heavy criticism , be evidence of another attack China 's rare earth policy. In addition, to implement the protection of the environment and exhaustible resources policy, between the central government departments, relevant policies and measures between central and local government should further be coordinated , absolutely avoid fragmented, inconsistent rulemaking situation agreement obligations , which is uniform implementation of WTO and the principle of transparency requires members to bear , in this regard , we have a lot of work to do .

In short, the " rare case" gives us a lot of inspiration and reflection , hope and worry exist , but for our future development of environmental policy and legislation to promote scientific, fine, unification is concerned , is not a bad thing. Source: China Law Network


Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email:  sales@chinatungsten.com
Tungsten & Molybdenum Information Bank: http://i.chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Molybdenum News & Molybdenum Price: http://news.molybdenum.com.cn

• < Prev
• Next >