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Access to Minerals: WTO Export Restrictions and Climate Change Considerations

Author

Listed:
  • Stephanie Switzer

    (Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UK
    These authors contributed equally to this work.)

  • Leonardus Gerber

    (Faculty of Law, University of Pretoria, Pretoria 0083, South Africa
    These authors contributed equally to this work.)

  • Francesco Sindico

    (Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UK
    These authors contributed equally to this work.)

Abstract

In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions.

Suggested Citation

  • Stephanie Switzer & Leonardus Gerber & Francesco Sindico, 2015. "Access to Minerals: WTO Export Restrictions and Climate Change Considerations," Laws, MDPI, vol. 4(3), pages 1-21, September.
    • Handle: RePEc:gam:jlawss:v:4:y:2015:i:3:p:617-637:d:56227
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    References listed on IDEAS

    as
    1. Simon Schropp, Kornel Mahlstein, 2007. "The Optimal Design of Trade Policy Flexibility in the WTO," IHEID Working Papers 27-2007, Economics Section, The Graduate Institute of International Studies, revised Dec 2007.
    2. Bin GU, 2012. "Applicability of GATT Article XX in China -- Raw Materials: A Clash within the WTO Agreement," Journal of International Economic Law, Oxford University Press, vol. 15(4), pages 1007-1031, December.
    3. Bin GU, 2011. "Mineral Export Restraints and Sustainable Development--Are Rare Earths Testing the WTO's Loopholes?," Journal of International Economic Law, Oxford University Press, vol. 14(4), pages 765-805, December.
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    Cited by:

    1. Pruethsan Sutthichaimethee & Chanintorn Jittawiriyanukoon, 2022. "Analyzing the Impact of Causal Factors on Political Management to Determine Sustainability Policy under Environmental Law: Enriching the Covariance-based SEMxi Model," International Journal of Energy Economics and Policy, Econjournals, vol. 12(4), pages 282-293, July.
    2. Kyounga Lee & Jongmun Cha, 2020. "Towards Improved Circular Economy and Resource Security in South Korea," Sustainability, MDPI, vol. 13(1), pages 1-14, December.

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