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China — Measures Related to the Exportation of Various Raw Materials

Country/Territory
China
Type of court
International court
Date
Jan 30, 2012
Source
UNEP, InforMEA
Court name
WTO Appelate Body
Reference number
WT/DS394
Language
English
Abstract

On 23 June 2009, the United States requested consultations with China with respect to China's restraints on the export from China of various forms of raw materials. 

China justified these measures by the conservation of natural resources. This necessity allows for a restriction under GATT article XX(g).

The Appellate Body upheld the Panel’s finding that there is no basis in China’s Accession Protocol to allow the application of Art. XX to China’s obligations under para.11.3 of the Protocol. The Panel had concluded that China’s export restraints were not justified pursuant to Arts. XX(b) and (g). These findings were not appealed. In this context China only appealed the Panel’s interpretation of the phrase “made effective in conjunction with” in Art. XX(g). The Appellate Body concluded that the Panel erred and stated that these terms mean that the export restrictions and the restrictions on domestic consumption or production “must “work together”.

Based on: https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds394sum_e.pdf

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds394_e.htm

Full text
China - Measures Related to the Exportation of Various Raw Materials.pdf
FE_S_S009-DP.aspx
Website
docs.wto.org