Should the WTO Allow China to Impose Export Duties Designed to Combat Climate Change?

摘要

On 8 November 2016, a World Trade Organization (WTO) panel was established to examine the third in a series of cases regarding China's export duties, which China asserted were intended to promote sustainable development. The outcomes of the two previous cases, however, China — Raw Materials and China — Rare Earths, prohibit China from using export duties, even for the purpose of protecting the environment. This article seeks to answer the question of whether the WTO should rule in favour of China's export duties by drawing attention to an issue unaddressed in the two previous cases, namely the potential of China's export duties to curb carbon leakage.