The Predicament of China’s 'WTO-Plus' Obligation to Eliminate Export Duties: A Commentary on the China-Raw Materials Case

Abstract:     
This short article serves as an editor’s comment for the Chinese Journal of International Law. It offers insights on the recent WTO decision in the China-Raw Materials case, in which the WTO judiciary held that China’s export restraints on various raw materials violated its WTO obligations and cannot be justified by the environmental exceptions under Article XX of the General Agreement on Tariffs and Trade (GATT). The commentary addresses the implications of the WTO rulings for China’s industrial and environmental policies, and points out that China’s predicament stems from its “WTO-plus” commitment to eliminate export duties. A substantial part of the commentary is devoted to a critique of the narrow textualist approach taken by the WTO judiciary in rejecting the applicability of GATT Article XX to China’s obligation to eliminate export duties.

Number of Pages in PDF File: 12

Keywords: WTO, Dispute Settlement, Treaty Interpretation, Vienna Convention on the Law of Treaties, Appellate Body, Textualism, China, Accession Protocol, GATT Article XX, Export Restrictions, Natural Resources, Environmental Protection

JEL Classification: K33

Accepted Paper Series