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
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