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

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