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


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In WTO (WTO) issued a report of the expert group on the export of rare earth Chinese dispute about a month later, the Appellate Body in April Chinese respondent 25 to WTO (Appellate Body) to submit the documents.

According to the WTO Appellate Body last Friday published documents, the expert group report more than 170 paragraphs to the contrary, that report misinterpreted WTO rules and China WTO documents, and demands the appellate body rejected the Chinese &ldquo expert group report; export quota & rdquo; illegal ruling.

China announced an appeal in April 17th. Earlier, one of the rare earth case prosecution American in 8 April, the Appellate Body appeal; the expert group in the ruling process on the evidence of the expressed dissatisfaction with.

This marks the concern of the Chinese rare earth export dispute case dispute settlement procedures in appeal procedure. Appeal only from legal interpretation angle put forward different views, not re examination, or open a new topic.

In accordance with the rules, the Appellate Body shall make a reply within 60 days, not more than 90 days time, support, modified or rejected expert group report. After that, the dispute settlement body must be accepted within 30 days, or reject the consensus based on the outcome of an appeal.

At present, the rare earth case of the other two prosecution the European Union and Japan have not followed American appeal.

WTO released report of the expert group on Chinese rare case in March 26th, to support the most litigation of America, Japan, three party requirements, also rejected part of the prosecution claims.

Think Chinese including 17 kinds of rare earth dispute settlement mechanism of the report of the expert group (rare earths) raw materials, tungsten (tungsten) and molybdenum (molybdenum) and imposed export restrictions violation.

These three kinds of export restrictions are: raw materials of rare earth on the various forms of export tariffs, export volume of a certain time to impose quotas, as well as the raw material export enterprises access to certain restrictions.

The final report are explained, China WTO documents promises to cancel these export tariffs, and these rare earth raw materials have not been included in Annex excluded; export quota settings for the target of industrial policy, rather than the “ ” objective; at the same time, the enterprises to export power limits in violation of WTO rules.

The expert group report was published, in Europe, America, parties to make a statement. America White House Trade Representative Office (USTR) believes that the U.S. won.

Chinese Ministry of Commerce Department of treaty and law day to say, expert group recognized China take on rare earth, tungsten, molybdenum comprehensive resources and environmental protection measures, rejected the EU enterprises export quotas for export performance of Mo “ ” requirements that discriminate against foreign companies, China appreciates.

The Commerce Department said, the panel ruled the Chinese product export tariffs, quotas and export quota allocation and management measures are not in conformity with the relevant WTO rules and China joined the WTO commitments, China regrets.

China believes that, in the increasingly serious resources and environmental pressures, Chinese government in recent years to strengthen and improve the high pollution, high energy consumption, resource consumption of products integrated management, “ these management measures in line with the goal of sustainable development WTO advocated by ”.

Makiyama Hiroshi, director of the ECIPE at trade issues (Hosuk Lee-Makiyama) on the twenty-first Century economic report reporter said: “ China's successful appeal the possibility is very small. ” Makiyama Hiroshi said, the central government to solve the environmental problems through the trade restriction measures, is not consistent with the rules of WTO.

According to industry organizations China Rare Earth Society website on April 24th to the Reuters data, rare earth exports to Japan in March USA and Chinese have growth, which increased 10.85% to beauty, to growing 38.21%.

Data shows, in France, Spain, Germany and Holland and other EU countries in rare earth exports also rose significantly, the United Kingdom, Austria and other countries dropped.


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World Trade Organization WTO announced the United States and Europe v. rare earths , tungsten, molybdenum export management measures related to the case of the panel report China , ruled the Chinese export management products involved violations.

This result should be able to expect. Two years ago, the WTO ruled that China's restrictions on including bauxite , coke, magnesium, manganese and zinc in the case of nine kinds of illegal export of raw materials , China has been foreshadowed in the case of rare earth export restrictions are also doomed fate.

The news , as usual, will be left to find reasons to prove , " China has always been right ," such as "Liberation Army Daily " published remarks as " double standards " , " bend the rules " , the official said that China 's foreign trade business to continue studies to assess . WTO regulations within sixty days to appeal . It is said that China respects ready to appeal , but we all know that completely overturned this ruling little chance of winning . In this regard, Chinese official sources quite indignant meaning.

China WTO ruling seems to feel aggrieved. First, China needs to import a lot of minerals, raw materials and other commodities from the international market . Whenever China needs these commodities , the rise in commodity prices has frequently , for example, when China to import large quantities of iron ore jumped up , China has no complaints , have not seen anything to come forward WTO ruling . Secondly, the reason for China to impose export taxes and export of rare earth export quotas limit its intention also to protect the environment and the conservation of exhaustible natural resources.

WTO ruling on China's rare earth export violations , mainly manifested in two aspects, one on a rare earth exports increased export taxes , and second only export a certain amount each year , which is the export quotas. And these two are all committed to the year when China joined the WTO.

In China's official view, if canceled rare earth export quotas and export taxes , the international market price of rare earth will certainly be down, and the reason why the U.S. and European Day against China 's rare earth export violations, is to buy at the lowest price of rare earth .

Destroy their WTO commitments into

Rare has " industrial vitamins ," said the missile is large , small chips to computers and mobile phones are indispensable raw materials . China has long been the world's rare earth reserves in Twenty three percent supply 90 percent of rare earth products to the international market. Deng had said: "The Middle East has oil , we have the rare earths ." However , China does not seem like a lot of oil reserves in the Middle East has a lot of that to make money .

There was a long period of Chinese rare earth mining disorder , resulting in the exploitation of rare earth resources, the local environment has been severely damaged . In both north and south China ─ ─ Inner Mongolia Baotou Rare Earth powerhouse and Ganzhou, Jiangxi , for example, due to indiscriminate Baotou cause water pollution, the threat of the Yellow River water quality and safety ; and Ganzhou Rare Earth cause indiscriminate source of Dongjiang department was severely damaged, preliminary estimates restore the ecological needs at least thirty-eight billion yuan . Any resource -rich regions of the world are overflowing with places that China was only left the region after the destruction of an ecosystem of rare earth indiscriminate . On the other hand , due to the rare disorder caused by indiscriminate export of cut-throat competition , the international price of rare earths was equivalent to loess, cabbage.

2005 ─ ─ 2008 , the Chinese government intervened in the . Government export taxes and reducing export quotas , not only improve the international price of rare earth , Chinese government earn some money , and in the second ○一○年embargo on rare earth mine in Japan . Chinese official about it in their own government intervention on the rare earth industry, serve, not only be harvested economically and politically in Japan can get one.

As everyone knows, this is a clear violation of the relevant provisions of the WTO and WTO commitments when China's own , destroy the Third Plenary Session of the 18th CCP keeps saying to strengthen market rules , and such a move also transfer those costs should have been borne mining responsibility of enterprises.

2011 China's State Council issued the " Opinions on Promoting the sustainable and healthy development of rare earth industry ," under the auspices of the Ministry of State , set up several large state-owned group specializing in rare earths , the basic form to large enterprises as the leading rare earth industry grid .

Thus , the phenomenon of low Luancai can stop rare earth industry , but its monopoly and "monopoly price" and inefficient enterprises almost impossible to avoid , and the power of the franchise is very easy to become right " rent-seeking" a . In particular, these central enterprises the power of our franchise come , not by management, technology has improved but the government mandate, how can they expect the future development of technology to improve the effectiveness of it?

Resource does not belong to state-owned sovereign franchise

In fact , WTO also focus on environmental protection and resource acknowledge the principle of sovereignty . In other words , WTO did not identify China 's rare earth export prices should be " loess price" , "cabbage price" , nor that the Chinese rare earth mining can not repair the damage to the local ecology or the local ecology to local sufficient compensation . WTO against the Chinese government in addition to just administrative intervention in commodity export duties and export quotas limit .

China 's rare earth, of course, belongs to China . But at a higher level use of resources on the planet also belongs to all mankind , just under the principle of sovereign resources , the need for equivalent exchange . In the context of economic globalization, the more necessary in the global exchange of equal freedom and equality .

In this sense , any enterprise under the premise of protecting the environment , after the purchase of the mining rights and pay full compensation to the local ecology of rare earth resources in the sovereign owner, has the right to exploit orderly trading rare earth mine , neither the Chinese government needs to levy export taxes , export quota system , but do not need the Chinese government has enacted several large state-owned enterprise specializing in China 's rare earth mine .

WTO to recognize China's sovereignty over China's rare earth resources , that is, all the Chinese people 's property. Today, the Chinese government side of the rare earth export levy taxes, export quotas , the other side is a state-owned enterprise specializing in the development of several domestic rare earth , quite a bit of resources to all the Chinese people 's sovereignty ─ ─ rare for himself and some few agents specializing in state-owned enterprises taste. But rather , the WTO ruling against the Chinese government under the auspices of the World Trade Order and Justice , but also speak up for the rights of ordinary Chinese people in China 's rare earth mine .

It should be said that China is in the process of economic globalization, the biggest benefit , China's accession to the WTO ten years, economic output doubled. However, " Liberation Army Daily " has boasted , WTO ruling against China's restrictions on exports of rare earths , is " Europe Day by the name of ' fairness ' , the abuse of the rules they led the development of " threatened to " how to better protect their own interests in international trade ." .

Now who can see , the WTO has been increasingly unable to meet immediate and future developments in the international trade , WTO Doha negotiations stalled on this point. The future of international trade on the implication in today's world of three ongoing negotiations , namely trans-Atlantic negotiations TTIP, Trans-Pacific Strategic Economic Partnership Agreement negotiations on TPP, and re- negotiate the rules of global trade in services TISA, as the world's largest trading nation the Chinese but was excluded from these three negotiations. China WTO rules are not even good faith compliance , then China 's international trade will have a future?


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May 5, 2014 Price of rare earth products

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