access to minerals: wto export restrictions and climate change considerations

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ID: 208863
2015
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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.
Reference Key
switzer2015lawsaccess Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors ;Stephanie Switzer;Leonardus Gerber;Francesco Sindico
Journal bioinorganic chemistry and applications
Year 2015
DOI
10.3390/laws4030617
URL
http://www.mdpi.com/2075-471X/4/3/617
Keywords
climate change minerals rare earth elements renewables exports chinalaw

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