China and Natural Resources in the wto Dispute Settlement System: The China - Raw Materials Case

Elisa Baroncini

L'industria, 2013, issue 3, 511-534

Abstract: China's accession to the wto dates back to 2001. In spite of its few years' membership,Beijing is now a key player within the multilateral trade system and its dispute settlementmechanism. Being the global leader in mining raw materials and rare earths, and applyingmany export restrictions on those goods during the last years, China has been attacked beforethe wto by, inter alia, the European Union and the United States, claiming that Chinese exportduties and quotas on metals and minerals were infringing the wto-plus obligation to eliminateexport duties and the gatt prohibition of quantitative restrictions. The present articleanalyses the Panel and Appellate Body reports in the China - Raw Materials case, showing therelationship between free trade, the principle of permanent sovereignty on natural resources,environmental and health protection, and the principle of sustainable development. Furthermore,the article highlights the remarkable skills and ability reached by China within the wtodispute settlement system in spite of its short membership to the Marrakech treaty-system.

Keywords: China; wto; Natural Resources; wto-Plus Obligations; Export Restrictions (search for similar items in EconPapers)
Date: 2013
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