Research On Legal Issues Of Export Control Of Mineral Products In My Countr

In the 21 st century,the world economic development has also entered a new era.With the deepening of industrialization,the demand for mineral resources in various countries is also gradually increasing.China is rich in mineral resources and plays an important role in global mineral resources trade.While importing a large number of scarce mineral resources(such as oil,natural gas and other mineral resources),we also export a large number of advantageous resources(such as rare earth and other mineral resources).However,while exporting a large number of domestic resources,it has also brought many negative effects.Although the export of these mineral products has driven economic development to a certain extent,the long-term unreasonable mining has inevitably brought serious environmental pollution and resource depletion to our country.In order to protect China’s ecological environment and exhaustible resources in line with the concept of sustainable development,China began to take some measures,such as imposing export tariffs,implementing export quotas and export licenses,to restrict the export of natural resource products.These measures have aroused strong dissatisfaction from some western countries and filed a lawsuit against China."The United States,Europe and Mexico(WT/ DS394 / DS395 / DS398)sues China’s export restriction of nine kinds of raw materials" and "the United States,Japan and Europe(WT/ DS431 /DS432 / DS433)sues China’s rare earth export restriction measures" all ended in failure.Why is China subject to many constraints when taking control measures on the export of resource products and always suffered defeat in the face of such disputes? Therefore,this paper attempts to analyze the three cases of "raw materials case","rare earth case" and "EU sues China’s 12 kinds of raw materials export restriction measures case",summarize the problems existing in China’s mineral products export control system,and try to explore and study how to improve the export control system by using the experience of the United States,Canada and other western developed countries as a reference.The paper is mainly divided into four parts.The first part briefly introduces the basic situation of the World Trade Organization and the dispute settlement body,and takes the "raw materials case","rare earth case" and "EU sues China 12 kinds of raw materials case" as the starting point to introduce the facts of these three cases,and tries to summarize the two main dispute focuses closely related to this paper.The second part combs the current situation and existing problems of China’s mineral export control legal system.Firstly,it summarizes the relevant provisions on export control of natural resources in China’s domestic legislation.Then,according to the above basic case and the focus of controversy,it is summarized that there are some problems in China’s mineral export control system,such as the imperfection of domestic law itself and the disconnection between domestic law and WTO rules.The third part introduces the legal system of mineral export control in the United States,Canada and other countries and Its Enlightenment to China.The fourth part expounds how to improve China’s mineral export control legal system.In the future,China may face more and more trade disputes over export control of mineral products.It is necessary for us to explore new countermeasures in improving our national legislation and actively participating in the formulation of international trade rules...