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RECONCILING ENVIRONMENTAL PROTECTION WITH NATURAL RESOURCES TRADE IN INTERNATIONAL LAW: A PERSPECTIVE FROM CHINA — RARE EARTHS

In: Frontiers of Law in China
Authors:
SHI Jingxia (石静霞) Dean and Professor of Law, at School of Law, University of International Business & Economics (UIBE), China

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YANG Xingxing (杨幸幸) Doctoral Candidate, at School of Law, University of International Business & Economics (UIBE), China

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Online Publication Date:
02 Nov 2015
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This article intends to shed light on key legal issues that emerged from the recently released WTO Appellate Body’s adjudication over China — Rare Earths dispute, exploring possible policy options for China to reach its environmental goals on natural resources in a WTO-consistent manner. The article first spotlights positive variations in the Appellate Body’s interpretative approach regarding the applicability of GATT general exceptions to defend the violation of WTO-Plus commitments under China’s Accession Protocol; second, given the fact that the Appellate Body, pursuant to the elements inscribed in GATT Article XX(g), confirmed the Panel’s objective assessment based on the design and structure of the challenged measures of GATT, this paper provides reflections and recommendations on China’s domestic environmental legislation. The third part probes into the interface between the principle of permanent sovereignty over natural resources and the WTO legal regime, with an attempt to offer thought-provoking ideas on how to reconcile potential conflicts between the two.

Title:
RECONCILING ENVIRONMENTAL PROTECTION WITH NATURAL RESOURCES TRADE IN INTERNATIONAL LAW: A PERSPECTIVE FROM CHINA — RARE EARTHS
Article Type:
Research Article
DOI:
https://doi.org/10.3868/s050-004-015-0029-4
Language:
English
Pages:
537–566
In:
Frontiers of Law in China
In:
Volume 10: Issue 3
Publisher:
Higher Education Press (China)
E-ISSN:
1673-3541
Print ISSN:
1673-3428
Subjects:
China, Asian Studies

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