IDEAS home Printed from https://ideas.repec.org/h/spr/eclchp/978-4-431-56426-3_5.html
   My bibliography  Save this book chapter

A Note on the China Rare Earths Case

In: Emerging Issues in Sustainable Development

Author

Listed:
  • Mitsuo Matsushita

    (The University of Tokyo)

  • Thomas J. Schoenbaum

    (University of Washington
    George Washington University)

Abstract

The World Trade Organization’s dispute settlement mechanism has considered and decided several cases involving export restrictions. Among these cases the most important and most recent is the China Rare Earths Case. In this paper the authors analyze and evaluate the panel and Appellate Body opinions in the Rare Earths Case. Three points are especially important. First, the case brings out the fact of the disparity between import and export measures in the law of the WTO. Unlike import measures, WTO discipline with respect to export measures is haphazard, inconsistent and unfair. Second, the case highlights the issue of the relationship between WTO Accession Protocols and the WTO Agreement. The authors dispute the conclusion of the Appellate Body that the rules of the GATT, specifically the general exceptions, do not apply to certain parts of China’s Accession Protocol. Third, the case shows the limitations that apply under WTO law with respect to conservation measures of natural resources that move in international trade.

Suggested Citation

  • Mitsuo Matsushita & Thomas J. Schoenbaum, 2016. "A Note on the China Rare Earths Case," Economics, Law, and Institutions in Asia Pacific, in: Mitsuo Matsushita & Thomas J. Schoenbaum (ed.), Emerging Issues in Sustainable Development, chapter 0, pages 79-98, Springer.
    • Handle: RePEc:spr:eclchp:978-4-431-56426-3_5
    DOI: 10.1007/978-4-431-56426-3_5
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:eclchp:978-4-431-56426-3_5. See general information about how to correct material in RePEc.

    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.

    We have no bibliographic references for this item. You can help adding them by using 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

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

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.