Talking Disputes No. 10 | The China-Rare Earths Disputes

Organised by
ICTSD and WTI Advisors
8 October 2014
|
Geneva, Switzerland

 

This event introduced the recent WTO Appellate Body (AB) decision in China – Rare Earths (DS431, 432, 433). This AB report may constitute the end of the line for China’s proposition that GATT Article XX general exceptions are available to justify the imposition of export duties (that are otherwise generally prohibited under the terms of China’s accession to the WTO). In this report, the AB also made some noteworthy findings relevant to GATT Article XX(g). For example, the AB found that foreign consumers can be made to bear a greater burden than domestic consumers as a result of a Member’s conservation measures and that panels need not examine the market effects of measures in order to find that they “relat(e) to” conservation.

 

This event examined the question of implementation of these rulings by China, in addition to analysing the import of the AB’s findings and analysis regarding GATT Article XX(g) and the availability of the general exceptions. 

 

Talking Disputes is designed to allow for the discussion of specific WTO disputes by experts and interested professionals from relevant fields. The key aspects of the report are presented, setting the stage for the ensuing discussion.

 

Venue: Room E, World Trade Organization, Rue de Lausanne 154, 1202 Geneva

 

Agenda

 

17:30 Panel Discussion

 

Moderator: Jennifer Hawkins, WTI Advisors

 

Discussants:  Niall Meagher, Executive Director, Advisory Centre on WTO Law Julia Ya Qin, Professor of Law, Wayne State University Law School, Tsinghua University School of Law Laurence Boisson de Chazournes, Professor of Law, University of Geneva

 

18:15 Open discussion

 

19:30 Reception

 

Moderator
Jennifer Hawkins, WTI Advisors

Discussants:
Niall Meagher, Executive Director, Advisory Centre on WTO Law
Julia Ya Qin, Professor of Law, Wayne State University Law School, Tsinghua University School of Law
Laurence Boisson de Chazournes, Professor of Law, University of Geneva

 

18:15 - 19:30
Open discussion
Room E, WTO
19:30 - 20:30
Reception

8 October 2014, 17:30

Room E, World Trade Organization
Rue de Lausanne 154
1202, Geneva
Switzerland