Research On China's Mineral Resources Export Restraints Cases In WTO And Correspondence Measures

Since twenty-first Century,export restrictions caused a series of disputes between China and Occident.The dispute about 9 kinds of raw materials and rare earths were taken to WTO,the decisions found the measures are inconsistent with WTO rules.This has led to a very embarrassing state of China's natural resource management: China cannot protect environment or resources simply by imposing export restriction,if China exploiting minerals China has to allow export.This thesis first analyzes coke dispute and the WTO decisions on Raw Materials case and Rare Earths case,summarize China's obligations according to WTO Agreement,providing guidance to fulfill China's commitment and reform the legal system of mineral resources.The decision of the Raw Materials Case and Rare Earths Case are questionable.Including the decision wrongly interpreted the “text silence”;The Panel and Appellate Body ignored the purpose of WTO Agreements;the interpretation about the relation between China Accession Protocol and WTO Agreements is not proper,China could challenge those improper interpretation in future disputes.This thesis will make suggestions for response and the reform of mineral resources administration.China could make claim about fore-mentioned improper interpretations.In terms of resources administration reform,China's measure should clearly state the purpose of protect environment and resources,export quota should be implemented simultaneously with product administration measures,implement export duties in the frame of WTO,make sure measure had material links with protect environment and resources.