On The Measures To Deal With Resources Export Disputes

China became an indispensable member gradually during the past more than ten years since its accession to WTO, which provided a great external market for China’s development. The accession means not only opportunities but also challenges, constant trade disputes are the great ones. China’s Measures Related to the Exportation of Various Raw Materials is the most typical one during the trade disputes, yet it ended up with China’s failure. In the Rare Earth case that America, EU and Japan instituted, China lost in the ruling of the panel in October2013. The two disputes are similar, in which the sources involved in relate to the lifeblood of the country’s development. Research about the two cases should not be stopped though Raw Materials Case had finished for one year and failure of Rare Earth Case may be certain. Summary and reflection of these cases can provided us better ideas to deal with resources trade disputes so as to reduce the negative impact from resources crisis of the world in the21st century.The author analyzed reports of the panel and the appellate body of Raw Materials Case and other cases such as US-Gasoline, analyzed the process, reason about the failure of Raw Materials Case and proposed the measures to settle the resources trade disputes in WTO. The full test is divided into three parts:The first part is the legal analysis about Raw Materials Case from its origin. The author demonstrated the reason why China restricted export of nine raw materials and summarized various measures China took. We also demonstrated issues whether these measures violated Article Ⅺ,Ⅹ Ⅹ of GATT and China’s commitment to WTO.In the second part, the author analyzed the reason why China lost Raw Materials Case. This part is established on two aspects. First, this part analyzed the application of XI:2and X X (g) of GATT and value orientation of WTO from the perspective of WTO. Second, this part analyzed the detailed reasons of this failure from the perspective of China. Besides finding the reasons, we also found the protection of resources in China and WTO share some ideas in common, which lay the foundation of the third part. In the third part, the author analyzed how to deal with resources trade disputes for China. China should establish a comprehensive resource-protection legal system, ensure the domestic law of resources protection be in line with WTO. China should adapt the current status in WTO, improve the influence in DSB, get the active participation of disputes and serve China’s own interests with WTO rules.In conclusion, the author thought the domestic legislative process of resources protection should speed up, and these is no insurmountable hurdle between China and WTO. Given the limit of world resources, resources disputes will be more. With interacting all countries of WTO more deeply, China will be more active only relying on summarizing experience and lesson from the past disputes.