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The Research Of Laws Of Chinese Natural Resources Export Restrictions

Posted on:2012-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2216330371952891Subject:International Trade
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From the past practice of WTO,we can see it serious asymmetry in the restrictions on import and export restrictions. The economic philosophy is built on the basis of mercantilism.Exports are good, while imports have made of gold and silver outflow. The way to hinder free trade is import restrictions, Trade disputes in the twentieth Century are mainly related to import restrictions. People did not realize the increasing disputes in the export restrictions of natural resources along with the deepening of economic globalization,thus legal interpretation of export restrictions becomes particularly important.The implementation of effective solutions in line with the WTO rules makes not only important significance in the protection of the natural environment, but also far-reaching significance in the sustainable development of economic.Countries such as the US and Europe take a legal action to China's nine kinds of natural resources export restrictive measures, and experts group was established. China claims that these measures are to protect the environment, but it doesn't get the support from US and Europ etc.which pay more attention to protect the enviroment. The essence of this case is that other countries or regions compete for natural resources. Whether China can adopt economic sovereignty rules to claim a country has permanent sovereignty of natural resources in the background of economic globalization. Due to China's entry into the WTO,tranferring part economic sovereignty, export measures taken must follow WTO rules, unless quoting GATT twentieth (g) item which is WTO general exception item, allowing members of WTO to adopt restrictive measures for protecting the limited natural resources. Because most of energy products belong to exhausted natural resources, various countries take advantage of this clause to protect domestic energy security Whether China quote this term successfully in this case is the key of winning. what strategy can be adopted to manage natural resources in the WTO system.China couldn't just control the export process,but emphasis on domestic production and consumption management,improving the concentration of production, levying resource tax, increasing resource reserves; amending《Foreign Trade law》to comply with WTO rules; choosing the right dispute settlement mode.
Keywords/Search Tags:Economic globalization, GATT twentieth (g) item, Economic Sovereignty
PDF Full Text Request
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