WTO Case Analysis, Suggestions and Impacts: China - Measures Related to the Exportation of Various Raw Materials

摘要

Current WTO dispute, China - Measures Related to the Exportation of Various Raw Materials, brings about a series of queries on the consistencies of China's export restrictions on minerals with WTO rules. This dispute may trigger much more similar trade frictions such as China's restrictions on rare earth exports and increase instability of the world trading system. This article provides a detailed and deep study on the compatibility of China's measures at issue with Articles VIII, X and XI of GATT 1994 and relevant provisions in WTO accession documents in complainants' arguments and GATT 1994 Article XX (b), (g) and the chapeau in China's counterarguments. As solutions to this dispute and reference to resolve similar frictions, this article suggests China to increase the transparency and uniform administration of trade regulations, administer the fees and formalities regarding export restrictions in a more neutral and rational way and enhance domestic mining regulations.