La politica cinese sulle esportazioni dinanzi al sistema di risoluzione delle controversie dell’OMC: il report del Panel nel caso China – Raw Materials

Abstract

Chinese export policy is under great attention within the WTO system. In fact, Beijing has introduced duties and quotas for many raw materials, in particular also for the so called rare earth elements, a group of chemical elements which are indispensabile for the industrial production of high technology. This situation created a great concern for those WTO Members whose economic operators heavily rely on Chinese natural resources for their supplies. Our work aims at illustrating and commenting the main issues approached in the Panel Report issued on 5 July 2011 in the China – Raw Materials case. In this dispute, the United States, the European Union and Mexico attacked export duties and quotas charged by China on metals and minerals of great importance for the European and American industries. The Report deals with very complex and extremely sensitive legal and political issues, such as the applicability of Article XX of the GATT 1994 to China’s Accession Protocol, and the scope of the WTO-Plus obligations accepted by Beijing, including the commitment taken on transparency. Other major issues covered by the Panel are the relation between free trade and environmental and health protection, as well as the relation between the WTO system and the principle of sovereignty on natural resources.