IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this article or follow this journal

Applicability of GATT Article XX in China -- Raw Materials: A Clash within the WTO Agreement

  • Bin GU
Registered author(s):

    The Appellate Body's interpretation in China -- Raw Materials regarding the applicability of General Agreement on Tariffs and Trade (GATT) Article XX to China's Accession Protocol is highly controversial and stimulates wide debates in academia. The controversy is rooted in the absence of an explicit mention of 'consistency with the GATT 1994' in Paragraph 11.3 of China's Accession Protocol. That absence constrains China's defense in instances when it must violate its export duty elimination commitments under the Accession Protocol by resorting to GATT Article XX. This article disagrees with the Appellate Body's legal interpretation in China -- Raw Materials and provides a critical review of the Appellate Body's logical principle that 'absence equates to waiver'. The Appellate Body's interpretation on the relationship between GATT Article XX and China's Accession Protocol contradicted former Dispute Settlement Body (DSB) practices, demonstrated a failure to interpret the WTO Agreement in a systemic manner, and unfortunately resulted in inappropriateness in treaty interpretation. The Author 2012. Published by Oxford University Press. All rights reserved., Oxford University Press.

    If 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.

    File URL: http://hdl.handle.net/10.1093/jiel/jgs039
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 15 (2012)
    Issue (Month): 4 (December)
    Pages: 1007-1031

    as
    in new window

    Handle: RePEc:oup:jieclw:v:15:y:2012:i:4:p:1007-1031
    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/
    Email:

    Order Information: Web: http://www.oup.co.uk/journals

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:15:y:2012:i:4:p:1007-1031. See general information about how to correct material in RePEc.

    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 you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.