Re: will appeal Chinese defeated again?
- Details
- Category: Rare Earth News
- Published on Sunday, 04 May 2014 16:17
- Written by HJF
- Hits: 1722
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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Campaigning for rare earth factory closed, the green event "by the long march"
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- Category: Rare Earth News
- Published on Sunday, 04 May 2014 16:09
- Written by HJF
- Hits: 1788
The green event to launch Long March ” “ motion, following on foot after this time riding a bicycle, for 6.22 off the Linus campaign of rare earth factory.
Up to 2800 kilometers, &ldquo 37 day from this month 15 days rise; cavalry March, end Linus ” foot vehicle movement around the island, in Kuala Lumpur as a starting point, end point is Kuantan gabion.
The green event chairman Tod pointed out in the press, the Long March, will be closed for the end Linus rare earth factory. He added, this is the group asked Linus must leave China within 6 months after, for one of a series of activities, but also by the activities to promote environmental protection subject to the people, and is expected to receive more than 1000 people support and response.
Today he and his 3 knights, Feng Zhongming Wang Zhiwei and Liang Jianhao attended the press conference, another foot bike riders to doctrinairism mage, today's absence. Today at the press conference, including the green event financial Huang Wensheng, Secretary Feng Xueping and the members of He Xiaoyun and Liu Liling.
In addition, the Johore &ldquo &rdquo end; Linus; a dinner has been scheduled for June 20th at seven thirty in the evening, held in Johor Bahru Lily Garden New Cathay restaurant.
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Reducing the supply of rare earths to reduce harmful levels of environmental damage
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- Category: Rare Earth News
- Published on Sunday, 04 May 2014 15:51
- Written by HJF
- Hits: 1674
WTO ruling on Chinese exports of rare earth problem entirely the result of selective hearing those referees , officials , who only the interests of the advanced countries , while ignoring the reality of global development, did not see the irreparable damage to the environment caused by mining and backward at the same time they also did not see a reduction in the supply of rare earths can promote the development of modern industrial technology , thereby reducing the degree of harm to the environment destruction.
First, those officials should have never been to China's rare earth mining site , those behind the domestic mining technology and mining operations is definitely crazy enough to understand . According to the author 's face value , rare earth mining in many parts of the country have adopted the disastrous mining technology . To get petty , miners tend to be emptied whole mountain , leaving a barren. Meanwhile hazardous substances four diaspora , threatening people 's health. If you want to manage this environmental damage , not only requires a lot of money , but also take a long time , in fact, difficult to estimate the cost of governance . Therefore, China has adopted various measures to curb the exploitation of rare earth blind is absolutely necessary .
Secondly , they did not look at the status of technological development, China's export restrictions on rare earth actually brought a leap of industrial technology. Originally manufacture of high-tech equipment is almost inseparable from earth, from the law of industrial technology development perspective, this bottleneck problem to be solved sooner or later , while China 's export policies to speed up the process of solving this problem .
Due to rising prices of rare earths , Toyota , Mitsubishi Electric and other Japanese companies have developed more than a dozen completely without rare earth magnet motor , METI specially set aside 8 billion yen to support. Under economic pressure to produce such an effect developed quickly . Hitachi rare earth permanent magnets used equally effective successfully developed completely without rare earth motor. In this production process using Hitachi rapidly cooled and solidified amorphous alloy , not only won the International Electrotechnical Commission (IEC) to the highest standards of energy efficiency, but also reduces costs. Enterprises to achieve such outcomes is more than a company of Hitachi , Showa Denko also successfully developed a rare-earth magnet alloy does not require material that can be widely used in IT and other high technology fields .
Moreover, Japan's rare earth recycling technology has also been a breakthrough. Japan's Honda Motor and heavy chemical industry to jointly develop recycling rare earths from used batteries of hybrid cars in the new technology in the world is also an innovation. With this technique, can be recovered from used batteries to more than 80% of rare earth materials . The Panasonic is also actively develop recycling technology of rare earth materials from the waste air conditioning .
The successful development of new technologies and put into use, issued by the Japanese media, China's rare earth lost an important customer and sorrow market news. But from here, but we can see that China 's restrictions on exports of rare earths is actually extremely important , on the one hand has been forced to reduce the effect of protecting the exploitation of the environment, on the other hand , such a policy is not only not harm the development of modern industry, and also contributed to the upgrading of related technologies. Very unfortunately, Europe and Japan as well as the effectiveness of WTO officials took these selective hearing , so where we do not have any chance of winning.
So , we do not need more articles in the export quota , in order to the national health , for the benefit of future generations , we need to increase efforts to protect the environment , exploitation of rare earth resources in higher demand , due to the exploitation and management should the cost of environmental damage caused by the added price of rare earths . As for automobile exhaust emission requirements more stringent and did not hinder the development of the automotive industry , industrial policy is strictly not hinder the healthy development of rare earth industry .
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China dummy eat Coptis chinensis in rare earth dispute
- Details
- Category: Rare Earth News
- Published on Sunday, 04 May 2014 16:01
- Written by HJF
- Hits: 1804
World Trade Organization (WTO) ruling in China and the United States , the European Union (EU) and rare earth exports to Japan in a dispute against asking China to eliminate export restrictions on rare earths , which is considered a major victory for the developed economies of China made .
It should be said that this is lost once expected, United States and Europe in 2012 to formally propose the WTO complaint . But as early as the summer of 2009 , when the European Union, the United States and Mexico has the raw materials to China 's export restrictions on WTO policy report , cited by the three parties involved in raw material bauxite, coke, fluorspar , magnesium, manganese, ferrosilicon, silicon carbon , phosphorus and zinc nine kinds .年初2012, WTO Dispute Settlement Body determined that Chinese restrictions on the export of raw materials do not meet China's WTO accession commitments and the relevant WTO rules. But the industry generally believe that action against these nine kinds of products, but it is just testing the waters , the real goal of the developed economies in fact intended to rare earths.
WTO opened a very important precedent , according to the impact of this ruling on rare earths surface involved , it can be said that China's accession to WTO, the biggest defeat suffered 10 years .
Of course , this can not be protracted dispute with the ruling Rare 26th settled. In accordance with WTO rules , the Chinese side can appeal within 60 days. From the position of the Chinese Ministry of Commerce, the first time - expressed "regret " and said the report is an assessment of the award - point of view, the appeal is inevitable, although the outlook is not optimistic.
China " Rare war " with a long history of Western developed countries , mainly due to dissatisfaction with China in recent years, the latter decreasing exports of rare earths . The dispute sudden warming since the second half of 2010.
In early September 2010 to coincide with the Day " Diaoyu Islands collision " , while Japan is not only the world's biggest importer of rare earths , and its imports almost all from China ( Japan is the second country in the world rare earth consumption , imports nearly 20 percent of global rare earth ) , many a time the Western media have speculation, " China is trying to control exports of rare earths to achieve political objectives ." By the end of October 2011 , the then U.S. Secretary of State Hillary Clinton publicly urged • United States and its allies to reduce dependence on China 's rare earth production , but also called it " a wake- up call for us ," senior officials in Western countries may be published on this issue the most forthright speech, but also to the dispute over rare earth onto a climax.
In order to eliminate fears and misconceptions of the whole world , in the past few years, from former Chinese Premier Wen Jiabao , the current Premier Li Keqiang to the heads of the relevant departments of the State Council , China had repeatedly expressed do not prohibit or restrict exports of rare earths mean , the Chinese side also repeatedly urged countries not to politicize the issue of rare earth trade .
So why exactly is so rare it affects people ? Because of its importance is evident.
Rare is lanthanum, gadolinium and other 17 kinds of special metallic elements collectively , they have a strong magnetic force , or , or can enhance the ability of the metal temperature . These elements are widely used in all industrial fields, especially critical for the current very popular new energy and other high-tech products. Thus it was that , if not rare , most of the modern economy will stop functioning .
Almost all of China's current monopoly of the world 's rare earth supply - the supply of more than 90% of global rare earth production , of course, he is consumed more than half of the world's rare earths . So , 20 years ago, Deng Xiaoping once said this: "The Middle East has oil , China has rare earths. " It is said that the slogan was carved in the world's largest rare earth producer - on the walls of the high-tech Co., Ltd., Baotou Steel Rare Earth .
However , it is worth noting that the name "rare earth " , it is actually not rare, everywhere around the world is rich in rare earth minerals , China 's rare earth reserves only account for less than 40% of the world's total reserves . Therefore, other countries are much too scarce rare earth , as it is too costly and difficult because of mining or unwilling to produce .
Leaving aside the Westerners in China " politically motivated ," the unfounded speculation in recent years, Chinese government restrictions on exports of rare earths mainly based on the consideration of the following aspects : First, the rare earth mining and processing can cause serious air , surface water, soil and other aspects of environmental pollution , is typical of high pollution , high energy consumption, consumption of resources industries ; second , in 2010 10 years before rare oversupply in the international market , Chinese manufacturers have no pricing initiative , the price all the way down , there has been the so-called "gold selling cabbage price " situation ; third, because China itself is the world's largest rare earth consumed before, according to the current production rate, there were reports that China 's medium and heavy rare earth reserves only last category 15-20 years may eventually need to import themselves ; fourth, China also hopes to encourage foreign enterprises to users of rare earth enterprises and relocation of production facilities to China, and not sell cheap raw materials from abroad , which is rare for the province of Inner Mongolia, economic growth and employment are extremely important in promoting tax and even promote the entire Chinese manufacturing upgrades.
It should be said , and both these demands is reasonable , so in recent years, China 's domestic rare earth mining and trade imposed strict controls . In this sense alone says , WTO ruling against China is very unfair , because no country is obliged to sacrifice their own interests to the benefit of the other countries of the world , which is China down a ruling on the above reasons to feel particularly aggrieved .
However , on the other hand , we must also see that the Chinese government in order to safeguard their legitimate interests , but it took a lot of very wrong means. I think , in large part , this is trapped in his own people inside and outside the crux of embarrassment . Since 2008 , China 's management of rare earths are mainly taken the following policy -
First ( and most important ) , issued from 2010 rare earth export licenses and quotas are almost declining.
Followed by the implementation of the restructuring of shutting down a large number of so-called " scattered, chaotic , small" mines, trying to integrate the country's rare earth production for the northern and southern two miners and processors of the Commonwealth , and the establishment is called Rare Edition " CISA " has a huge administrative powers China Rare Earth industry Association . Currently , the North 's integration has been completed, basically all the focus to the Inner Mongolia Baotou Steel Rare Earth there ; case the South is relatively complex, and so are actively planning for the integration of Minmetals cause. Here Incidentally, China 's rare earth reserves , mainly in the northern Inner Mongolia, while the South is relatively scattered , and Jiangxi provinces reserves are more plentiful .
Third, and this is closely related to the establishment of so-called rare earth reserve system , and the first batch of 11 designated national planning mines , industry access conditions set by the government and approved by miners .
Fourth, improve the export tariffs on rare earth and rare earth resources tax.
We mention some of these policies - such as export quotas and tariff increases - are likely to conflict with WTO rules , even without considering the external factors only to promote the healthy development of the industry and market this goal theory, these policies are mostly more harm than good for .
For example, the limitation and reduction of export quotas , on the one hand to promote the international market soaring prices of rare earth ( RE part of the price rise in the past two or three years of up to 500 %, which is the source of discontent European countries ) , on the other hand , due to the country 's production did not fall, resulting in even greater disparity between the inner and outer post . The end result is two-fold: First, export prices rose quota itself ; According to state regulations , transfer and trading of export license is illegal , but the fact that the market has not only exist, but in recent years become increasingly popular. According to reports, in 2011 , the market price of one ton of rare earth export licenses , has grown from a few thousand dollars a few years ago rose to 40-50 million, which almost makes export licenses worth over rare earth minerals itself ! The second is greatly stimulated the smuggling of rare earth . Authorities estimate that in 2010 the country may have been smuggled out of the country more than 30,000 tons of rare earth !
Greater harm these policies also that we can see at a glance that they are by the executive power ultimately will have a market which is already a prototype ( although it may be more chaos ) of Chinese rare earth mining , processing and export monopolies in a few large state-owned enterprises ( or even central enterprises ) hands. This is much like the last century, the so-called "oil industry consolidation " in the 1990s . But years of experience have taught us , there is a state-owned enterprise administrative monopoly , is one of the biggest obstacles to China to further promote the market-oriented reforms.
And, to say the least , expect them to protect the environment and achieve technological advances are likely just fantasy. This is because , in the final analysis they themselves are not really producers , like other administrative monopoly central enterprises - the most typical is the infrastructure construction business - like the real " work " of the people is that they subcontracting companies , that is, or those scattered, chaotic , small private enterprises, state-owned monopoly , but is likely to be some of the government 's restrictive policies ( including access cards , licenses , etc. many private businesses can not insurmountable sturdy barriers ) support with the " rentier " only !
Can really protect the national interests of the proper focus of rare earth policy should be guided by laws and policies , to find ways to raise the cost of production of rare earth in China , so that market forces will spontaneously reduce its supply and export . The so-called raise costs , is to develop a higher threshold environmental requirements and local environmental pollution compensation ( such as sewage costs, etc. ) of rare earth production , while requiring companies to vigorously enhance the safety and treatment standards of corporate employees. This is fully consistent with the WTO agreements. In the judgment of 26 May , WTO did not recognize China for the protection of resources and the environment and to limit exports of rare earths proposition. In fact , it is not opposed to China 's environmental protection efforts , but that can not be in violation of WTO law to policy measures to promote environmental protection . In fact, as we have already seen . These policies are not necessarily able to achieve environmental policy in mind.
For a long time , China 's rare earth why sell so cheap is because the production of external costs ( such as environmental pollution ) it produces shared by the whole society , as long as the policy of this country through the rational part of the external costs appropriately translated into economic costs allow enterprises to bear alone , do not need to worry rare resale price Huang ? On the other hand , the so-called competitive enterprises bigger and stronger so that , nor is issued by the state-owned monopoly mining license will be able to do. On the contrary , it should equally be encouraged enterprises of different ownership fully competitive , free market rules by mergers and acquisitions . Thus , over time , efficient , high- level corporate management will naturally eliminate those inefficient enterprises.
And now we do not start from the root up , but part of the external costs of trying to put together , converted to reap the profits of the few state-owned monopoly , is it wishful thinking ?
In summary, China, the United States and Europe Day "rare earth dispute " with China and Australia , Brazil and other countries , " iron ore dispute " in nature is the same, although one is exported , and the other is imported . "Gold selling cabbage price" when China's exports of rare earth and " cabbage price to buy gold ," Chinese imports of iron ore when the facts are irrefutable , we are indeed at a disadvantage . However, in order to solve this problem , the Chinese regulatory authorities always involuntarily plan to regain control of the economic and administrative old ways , trying to cancel the competition in the domestic market ( it think that this " disorder " is causing us to lose the competition reasons ) , the establishment of administrative monopoly called " a hole " ( almost always state-owned enterprises ) unified external , to improve our voice in the international market . But the practice for decades has repeatedly proven that this approach runs counter to the market economy not only makes us Have ineffable sorrows, people inside and outside , but is actually impossible to achieve the desired goals of these policies are implemented , but the only result domestic monopoly interest groups provide fertile soil unearned only.
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Continuation of the rare earth market deserted, businesses wait and see
- Details
- Category: Rare Earth News
- Published on Sunday, 04 May 2014 15:49
- Written by HJF
- Hits: 1717
RE market deserted on the first day after the holiday , businesses wait and see attitude based , offer no positive or stable pricing. After some businesses now understand the quote before the holiday is still a continuation of the main trading varieties of lanthanum, cerium , praseodymium class , europium, terbium aspects turnover is less than normal , before the bullish europium, terbium oxide merchants stocking outlook reflect still more now shipping difficult. Today, the rare earth market traders dysprosium oxide, terbium slightly inquiry , according to the Baotou Rare Earth Stock Exchange listed market prices show that today terbium oxide, dysprosium price volatility is relatively large, as of 14:00 today , terbium oxide stock listing Quotes of 4255 yuan / kg , volume more than 100 kg . Dysprosium oxide , compared with 2,240 yuan / kg , volume 110 kg .
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