Access to Minerals: WTO Export Restrictions and Climate Change Considerations
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 fo...
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doaj-55aa6f6bd71d4cceb182d05ad128028d2020-11-24T22:51:21ZengMDPI AGLaws2075-471X2015-09-014361763710.3390/laws4030617laws4030617Access to Minerals: WTO Export Restrictions and Climate Change ConsiderationsStephanie Switzer0Leonardus Gerber1Francesco Sindico2Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UKFaculty of Law, University of Pretoria, Pretoria 0083, South AfricaStrathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UKIn 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.http://www.mdpi.com/2075-471X/4/3/617climate changeWTOrenewablesmineralsexportsrare earth elementsChina |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Stephanie Switzer Leonardus Gerber Francesco Sindico |
spellingShingle |
Stephanie Switzer Leonardus Gerber Francesco Sindico Access to Minerals: WTO Export Restrictions and Climate Change Considerations Laws climate change WTO renewables minerals exports rare earth elements China |
author_facet |
Stephanie Switzer Leonardus Gerber Francesco Sindico |
author_sort |
Stephanie Switzer |
title |
Access to Minerals: WTO Export Restrictions and Climate Change Considerations |
title_short |
Access to Minerals: WTO Export Restrictions and Climate Change Considerations |
title_full |
Access to Minerals: WTO Export Restrictions and Climate Change Considerations |
title_fullStr |
Access to Minerals: WTO Export Restrictions and Climate Change Considerations |
title_full_unstemmed |
Access to Minerals: WTO Export Restrictions and Climate Change Considerations |
title_sort |
access to minerals: wto export restrictions and climate change considerations |
publisher |
MDPI AG |
series |
Laws |
issn |
2075-471X |
publishDate |
2015-09-01 |
description |
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. |
topic |
climate change WTO renewables minerals exports rare earth elements China |
url |
http://www.mdpi.com/2075-471X/4/3/617 |
work_keys_str_mv |
AT stephanieswitzer accesstomineralswtoexportrestrictionsandclimatechangeconsiderations AT leonardusgerber accesstomineralswtoexportrestrictionsandclimatechangeconsiderations AT francescosindico accesstomineralswtoexportrestrictionsandclimatechangeconsiderations |
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1725670091560845312 |