Studies On Legal Issues Of Export Control Of Scarce Natural Resources

Due to its nature properties, scarce natural resources have become an advantageand strategic resources of one country. With the continuous development ofinternational trade, the world has entered into the serious resources famine era,countries more and more rely on natural resources. Developing countries haverealized the ills brought by the traditional trade structure, the unlimited exploitation ofresources and a deteriorating environment presents a challenge to countries. Under thetheory of sustainable development, the host countries of resources get to reform thestructure of the trade and realize the importance of the natural environment. At thesame time, taking the export control measures to limit the export of scarce resourceshas attracted wide attention.The country which accession to the WTO later take aspecial commitment. On the one hand, citing legal obstacles to the exceptions to thegeneral rules of the WTO, the other hand is a common confrontation of the Westerndeveloped countries. Elaborating the specificity of the trade of the scarce naturalresources, the theory of national economic sovereignty and sustainable developmenttheory as a support, this article analyses specific forms of the export control measures,as well as the predicament which the countries facing brought by the export controlpolicy and finally from multiple angles present resolution of this issue.Be concrete,the paper is structured as follows:The first part “the basic theory of the scarce natural resources” studies the legalcharacteristics of scarce natural resources, points out the difference statues inexporting country and importing country. In the last, this part analyzes the legalregulating of the scarce natural resources from exporting country and internationalorganization.The second part is “the jurisprudence of export control of scarce naturalresources.” This part interprets implement export controls from both theoretical andpractical aspects.The third part is“export control legal system of scarce natural resource.”Studying the different export control system of scarce natural resource of advancedcountry and advancing country, this part points out that advanced country mainlycontrol the export of technology, and advancing county mainly focus on controlling the export of scarce natural resource in recent years.The fourth part "the main export control measures of resource countries.” Basedon the analysis of export duties and quotas two measures, this part points out that theWTO ban on quantity restrictions although did not make clear a regulation. Inaddition, resource countries also use export tax rebates and integration of scarceresources industry to control resource trade.Part V is "resource countries faced legal dilemma of export controls ".Studying the resource countries undertook the special obligation under the WTOsystem, this part pointes out that this special obligation deviated from the WTO lawprinciples. Second, the resource countries also face difficulties of quoting the articleof GATT20general exception. Finally, this part pointes out that the resource countriesfaces against and criticism of western developed countries under the double burden oftrade structure promotion and environmental protectionPart VI "the export control policy and legal trend of the scarcity of naturalresources" raises from both domestic and international dimensions of the dilemmafaced by the export control of the resources in the country on the basis of a strategyfor solving this problem. On the one hand is to improve domestic policies andregulations, move the regulatory focus from trade to production and environmentalresources tax; on the other hand is to strengthen international cooperation, buildresource union mechanism and trade exchange mechanism.