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

See all articles by C. L. Lim

C. L. Lim

The Chinese University of Hong Kong

J.H. Senduk

Stanford Law School

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

Lim, C. L. and Senduk, J.H., The Wages of Belonging: Rare Earths from China, and the Return of GATT À LA CARTE (August 26, 2014). 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, Available at SSRN: https://ssrn.com/abstract=2559519

C. L. Lim (Contact Author)

The Chinese University of Hong Kong ( email )

Shatin, N.T.
Hong Kong
Hong Kong

J.H. Senduk

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
92
Abstract Views
523
Rank
506,051
PlumX Metrics