China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?

Several 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...

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Main Authors: LIU, Han-wei, MAUGHAN, John
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2012
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Online Access:https://ink.library.smu.edu.sg/sol_research/4414
https://ink.library.smu.edu.sg/context/sol_research/article/6372/viewcontent/jgs037.pdf
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spelling sg-smu-ink.sol_research-63722024-03-28T07:20:17Z China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line? LIU, Han-wei MAUGHAN, John Several 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. 2012-12-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/4414 info:doi/10.1093/jiel/jgs037 https://ink.library.smu.edu.sg/context/sol_research/article/6372/viewcontent/jgs037.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Law and Economics
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Law and Economics
spellingShingle Asian Studies
Law and Economics
LIU, Han-wei
MAUGHAN, John
China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
description Several 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.
format text
author LIU, Han-wei
MAUGHAN, John
author_facet LIU, Han-wei
MAUGHAN, John
author_sort LIU, Han-wei
title China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
title_short China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
title_full China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
title_fullStr China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
title_full_unstemmed China's rare earths export quotas: Out of the China-raw materials gate, but past the WTO's finish line?
title_sort china's rare earths export quotas: out of the china-raw materials gate, but past the wto's finish line?
publisher Institutional Knowledge at Singapore Management University
publishDate 2012
url https://ink.library.smu.edu.sg/sol_research/4414
https://ink.library.smu.edu.sg/context/sol_research/article/6372/viewcontent/jgs037.pdf
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