China✹rare earths : export restrictions and the limits of textual interpretation

Resource Information

The work China✹rare earths : export restrictions and the limits of textual interpretation represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

China✹rare earths : export restrictions and the limits of textual interpretation

Title remainder

export restrictions and the limits of textual interpretation

Statement of responsibility

Eric W. Bond and Joel Trachtman

Creator

• Bond, Eric W., (Eric Weston)

Contributor

• Robert Schuman Centre

Subject

• Dispute resolution (Law) -- China
• General Agreement on Tariffs and Trade (Organization)
• World Trade Organization -- China

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

• EUI working papers, RSC, 2015/66

Cataloging source

IT-FiEUI

Index

no index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

• EUI working papers. RSC
• EUI papers
• Global Governance Programme

Series volume

• 2015/66
• 188