China, Minerals Export, Raw and Rare Earth Materials: A Perfect Storm for WTO Dispute Settlement, and Sustainable Development

RECIEL - Review of European Community and International Environmental Law, Forthcoming

12 Pages Posted: 21 Feb 2013

Date Written: February 19, 2013

Abstract

Domestic regulatory autonomy issues run as a core theme through much of the recent dispute settlement at the World Trade Organisation (WTO). Some of these address old chestnuts, with a sprinkling of new issues: in this category, the long-running Tuna-Dolphin dispute between the US and Mexico comes to mind, with the novel aspects of WTO discipline under the Agreement on Technical Barriers to Trade, rather than just the General Agreement on Tariffs and Trade - GATT. Others addresses radically new issues, such as the investment-related issues under the Ontario Feed-in Tariff Scheme, or the very first test by a WTO (or GATT, for that matter) Panel of the ‘public morals’ exception in EU - Seal Pups.

China – Raw Materials was triggered by China’s regulatory behaviour vis-a-vis the export of minerals and harbours some crucial considerations for the future application of international trade law to the 'environmental' sector.

Keywords: WTO, China, Domestic Regulatory Autonomy, REM, Raw Materials, GATT

JEL Classification: K32, K33

Suggested Citation

van Calster, Geert, China, Minerals Export, Raw and Rare Earth Materials: A Perfect Storm for WTO Dispute Settlement, and Sustainable Development (February 19, 2013). RECIEL - Review of European Community and International Environmental Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2220786

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

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