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The Resource China✹rare earths : export restrictions and the limits of textual interpretation, Eric W. Bond and Joel Trachtman

China✹rare earths : export restrictions and the limits of textual interpretation, Eric W. Bond and Joel Trachtman

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Contributor
Summary
The China✹Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China✹Raw Materials decision, the Appellate Body found that there is no textual basis for application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no 'even-handedness' requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX
Language
eng
Work
Publication
Extent
18 pages
Note
Subject: WTO Article XX; Dispute settlement
Link
http://hdl.handle.net/1814/37056
Instance
Label
China✹rare earths : export restrictions and the limits of textual interpretation
Title
China✹rare earths
Title remainder
export restrictions and the limits of textual interpretation
Statement of responsibility
Eric W. Bond and Joel Trachtman
Creator
Contributor
Subject
Language
eng
Summary
The China✹Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China✹Raw Materials decision, the Appellate Body found that there is no textual basis for application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no 'even-handedness' requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Bond, Eric W.
Index
no index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Robert Schuman Centre
Series statement
  • EUI working papers. RSC
  • EUI papers
  • Global Governance Programme
Series volume
  • 2015/66
  • 188
http://library.link/vocab/subjectName
  • World Trade Organization
  • General Agreement on Tariffs and Trade (Organization)
  • Dispute resolution (Law)
Label
China✹rare earths : export restrictions and the limits of textual interpretation, Eric W. Bond and Joel Trachtman
Link
http://hdl.handle.net/1814/37056
Instantiates
Publication
Note
Subject: WTO Article XX; Dispute settlement
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1781327x
Dimensions
30 cm.
Extent
18 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)993103657
Label
China✹rare earths : export restrictions and the limits of textual interpretation, Eric W. Bond and Joel Trachtman
Link
http://hdl.handle.net/1814/37056
Publication
Note
Subject: WTO Article XX; Dispute settlement
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb1781327x
Dimensions
30 cm.
Extent
18 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)993103657

Subject

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