China's Rare Earths Export Quotas: Out of the China-Raw Materials Gate, But Past the WTO's Finish Line?
AbstractSeveral recent studies have discussed the ramifications of the China -- Raw Materials case for China's rare earths. However, none of these studies has conducted a thorough investigation of China's current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China's export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favourable WTO ruling. However, if General Agreement on Tariffs and Trade (GATT) disciplines are interpreted narrowly, as in China -- Raw Materials, this article finds that the current regime still falls short of certain GATT exceptions. This article informs future analyses of China's export quota regime for rare earths. Beyond the case of China, it also invites discussion on the appropriate amount of 'policy space' WTO Members should enjoy for imposing export quotas under the relevant GATT disciplines for resource conservation and environmental protection. The Author 2012. Published by Oxford University Press. All rights reserved., Oxford University Press.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Oxford University Press in its journal Journal of International Economic Law.
Volume (Year): 15 (2012)
Issue (Month): 4 (December)
Contact details of provider:
Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
Fax: 01865 267 985
Web page: http://www.jiel.oupjournals.org/
You can help add them by filling out this form.
CitEc Project, subscribe to its RSS feed for this item.
- Pothen, Frank, 2014. "Dynamic market power in an exhaustible resource industry: The case of rare earth elements," ZEW Discussion Papers 14-005, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum).
If references are entirely missing, you can add them using this form.