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Revisiting the Case of China-Measures Involving the Exportation of Various Raw Materials from the perspective of Effectiveness of the Necessity Defence

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The case of Various Raw Materials has been settled. However, some issues in this case are still popular topics among Chinese scholars. The most controversial issues are whether China is entitled to invoke Article XX of the GATT 1994 to defend its export restrictions and whether China demonstrated its measures consistent with Article XX (b) and (g) of the GATT 1994. This paper points out that the Article XX of GATT 1994 in its essence is extremely difficult to be invoked successfully. What makes it even more difficult is ‘stereotype’ to China’s ‘exceptional circumstances’. In view of ineffectiveness of the necessity defence, changing economic management pattern to achieve sustainable development is the fundamental way to solve the problem of Chinese environmental protection as related to exploitation of natural resource.

Affiliations: 1: a)Dr Associate Professor,; 2: b)Postgraduate


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