Research On Validity Of Rare Resources Export Restrictions Under The Framework Of WTO

This paper discusses the background is mainly to ensure that their environment in China and rare resources under the premise of use of rare resources of restrictive export,and in the decision just DSB judgment against China soon,in March 2012,the United States launched by the European Union and Japan combined for the next round of lawsuits.So in the new situation,this paper China rare resources facing export restrictions and WTO rules of conflict between is proposed and analyzed and give measures and Suggestions.This paper mainly discusses the key part of rare resources in our country export restrictions' and WTO rules worded problem,main emphasizes the WTO ProtocolArticle 11,GATTArticle 17,Article 20,Article 21,the understanding of the article analyzes,from five aspects are analyzed.In an increasingly rare earth due to scarce resources such as from the trade war,China should be in line with positive attitude to deal with different challenges and resolutely safeguard China's interest,and strive to the WTO rule form his own influence.WTO is a platform,its value is procedures and rules of fairness,is still not able to ensure that the results and effect of the fair.Under the framework of WTO by the formation of the trade dispute solved,we should evaluate all aspects,such as the China's actual discourse,litigation ruling conclusion.The first chapter:In this chapterl main basis in March 2012,the United States to file WTO joint Japan the new round of relevant Chinese restrictions on the export of rare resources litigation,analysis the limit the export of rare resources in our country and the inner background international background,and compared the 2009 years of litigation and recent rulings,to predict the latest litigation trend analysis.Chapter 2:In this chapter I expound the current limit exports of rare resources facing and WTO rules of law between worded questions.Mainly introduces the definition of rare resources and the relating problems with GATT terms such as GATT Article 11 and Article 17,Article 20,Article 21 of the worded questions.According to GATT Article 20 paragraph(g),member of the requirements to limit measures must be available and protection of natural resources of the fountain relevant measures.But how to determine the restrictions will take measures to protect the country's natural resources or strengthen scarce trade barriers,block trade liberalization competition means,in resources protection measures easily in the controversial practice.GATT Article 20 g proposal to allow WTO member can be used to protect the natural resources and exhaust measures,but must also meet four basic requirements,namely:1.it is the current limit of natural resources must be usable perfect resources;2.it is in line with the protection of the environment and benefit our descendants' purpose;3.it is to restrict exports and at the same time must have limited to reduce their production and consumption;Four is must comply with the relevant provisions of the WTO.Only at the same time satisfy these four conditions they judge can you adapt yourself to the GATT Article 20.WTO dispute before that,in the first and second paragraphs of DSB requirements identified in the relatively loose,rare earth as a non-renewable natural resources,for human of incontinence mining and increasingly scarce,therefore,DSB ruling,focusing on the third,four launches the discussion.Chapter 3:In this chapter I expound that next to our country at present law protcction status is discussed and the international practice of most countries were analyzed,especially the practice of the analysis and the number of the provisions of the international treaty for reference.Chapter 4:In the final of the chapter I analysis on current situation put forward the Suggestions and countermeasures.In a rare resources protection in suggesting following:1.unfavorable use export tax measures to limit the export of rare earth;2.in the export management policy should make clear further environmental purpose;3.according to the principle of domestic and foreign equally clear related domestic policy.