Research On China’s Legislation Of Scarce Resources Protection

Raw material case draws our attention to the world trade organization (WTO) rules.The rare earth case let’s realize the obligations as a WTO member.We need to follow the rules and meet our commitment.Of course, how to use our rights effectively need to be clear as well. under the background of the transformation of economic structure adjustment, our country try to explore the effective ways to protect domestic resources and environment. The rare earth case is an example of a failed.In recent years, domestic scarce resource is over-exploited and over-exported. And the direct reason is that there is no effective domestic legal basis when WTO Dispute Settlement Institution accepted the charge of other member raise up that China have restrict the exportation of scarce resource.In WTO rules,there is rule of fair trade, environmental exception clauses and the principle of natural resources.As members of the WTO, do our duty and promise is unavoidable. According to the rules of the WTO to protect domestic resources and the environment is also a legal right of our country.However, we need good system to ensure our rights. From rare earth case,we can find that our law are in conflict with WTO rules in export quantity limitation,export tariff,export price audit.Therefore, we should set up legislation system on scarce resource as soon as possible. Under this circumstance, the protection on production, circulation, exportation of scarce resource will be given to a protection system on legislation. In the same time, legislation on resource can also give a contradiction when other member of the WTO make charge with our country. In this way to keep China away from lose in lawsuit.The scarce resources legislation of our country is lag,closed and one-sidedness,which result from long-term effects of multiple factors. For example,we always think that we are rich in natural resources and don’t pay the attention they deserve.Vested interests are reluctant to abandon the patronage which they have benefited.Improper trade policy and little legislation,price war and rampant smuggling,have led to the occurrence of this situation.Considering national economic security and environmental protection,we ought to promote the construction of the legislative protection system of the scarce resources as soon as possible.In the construction of the legislation protection system of scarce resources,we must follow the thoughts of sustainable development and the supremacy of national interest.The basic principle is to coordinate with the economic and social development.Also we need to follow international rules and international practice. Single legislative mode is more effective and economical to our country.Concrete system content can make the legislation protection system of scarce resources to exert maximal protection.