Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

RECONCILING ENVIRONMENTAL PROTECTION WITH NATURAL RESOURCES TRADE IN INTERNATIONAL LAW: A PERSPECTIVE FROM CHINA — RARE EARTHS

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Frontiers of Law in China

This article intends to shed light on key legal issues that emerged from the recently released WTO Appellate Body’s adjudication over China — Rare Earths dispute, exploring possible policy options for China to reach its environmental goals on natural resources in a WTO-consistent manner. The article first spotlights positive variations in the Appellate Body’s interpretative approach regarding the applicability of GATT general exceptions to defend the violation of WTO-Plus commitments under China’s Accession Protocol; second, given the fact that the Appellate Body, pursuant to the elements inscribed in GATT Article XX(g), confirmed the Panel’s objective assessment based on the design and structure of the challenged measures of GATT, this paper provides reflections and recommendations on China’s domestic environmental legislation. The third part probes into the interface between the principle of permanent sovereignty over natural resources and the WTO legal regime, with an attempt to offer thought-provoking ideas on how to reconcile potential conflicts between the two.

Affiliations: 1: (石静霞) Dean and Professor of Law, at School of Law, University of International Business & Economics (UIBE), Beijing 100029, Chinashijingxia@uibe.edu.cn; 2: (杨幸幸) Doctoral Candidate, at School of Law, University of International Business & Economics (UIBE), Beijing 100029, Chinarsemma@sina.com

10.3868/s050-004-015-0029-4
/content/journals/10.3868/s050-004-015-0029-4
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.3868/s050-004-015-0029-4
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.3868/s050-004-015-0029-4
Loading

Article metrics loading...

/content/journals/10.3868/s050-004-015-0029-4
2015-11-02
2017-11-23

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Frontiers of Law in China — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation