Access to Minerals: WTO Export Restrictions and Climate Change Considerations

Stephanie Switzer, Leonardus Gerber and Francesco Sindico
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Stephanie Switzer: Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UK
Leonardus Gerber: Faculty of Law, University of Pretoria, Pretoria 0083, South Africa
Francesco Sindico: Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UK

Laws, 2015, vol. 4, issue 3, 1-21

Abstract: In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions.

Keywords: climate change; WTO; renewables; minerals; exports; rare earth elements; China (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2015
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (4)

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