The Wages of Belonging: Rare Earths from China, and the Return of GATT À LA CARTE
C.L. Lim, J.H. Senduk, 'The Wages of Belonging: Rare Earths from China, and the Return of GATT À LA CARTE' (2014) 9 Global Trade and Customs Journal, Issue 9, pp. 380-396
20 Pages Posted: 4 Feb 2015
Date Written: August 26, 2014
Abstract
China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly trade-restrictive quotas. This article is about the Panel ruling, China has since appealed.
Keywords: WTO, China, Accession Protocol, US, EU, Japan, rare earth, raw material, export restriction, export quota, GATT Article XX, Recently Acceded Member
JEL Classification: K02, K33
Suggested Citation: Suggested Citation