ABSTRACT

Various legal solutions have been proposed to alter the World Trade Organization (WTO) ban on China’s export duties. This chapter provides a comprehensive assessment of those approaches in order to find the most feasible way to ‘greening’ the WTO ban. It begins with a consideration of the likelihood that the AB would reconsider the China—Raw Materials and China—Rare Earths decisions. Various new interpretations of the relationship between China's export duty commitments and GATT Article XX have been proposed that would enable the use of the duties for environmental purposes. The chapter explores the potential options to depart from the previous AB reports supporting a harsh ban on China’s export duties. Very different from the practice in the UK and Japan, the Supreme People’s Court in China promulgates general judicial interpretations that elucidate statutory provisions.