Revisiting the Case of China-Measures Involving the Exportation of Various Raw Materials from the perspective of Effectiveness of the Necessity Defence

2013 ◽  
pp. 264-285
Author(s):  
Xiuli Han ◽  
Zhiyi Liu ◽  
Lingzi Liu
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Natural Resource ◽  
Raw Materials ◽  
Controversial Issues ◽  
Economic Management ◽  
Management Pattern ◽  
Export Restrictions ◽  
Chinese Scholars ◽  
Gatt 1994

The case of Various Raw Materials has been settled. However, some issues in this case are still popular topics among Chinese scholars. The most controversial issues are whether China is entitled to invoke Article XX of the GATT 1994 to defend its export restrictions and whether China demonstrated its measures consistent with Article XX (b) and (g) of the GATT 1994. This paper points out that the Article XX of GATT 1994 in its essence is extremely difficult to be invoked successfully. What makes it even more difficult is ‘stereotype’ to China’s ‘exceptional circumstances’. In view of ineffectiveness of the necessity defence, changing economic management pattern to achieve sustainable development is the fundamental way to solve the problem of Chinese environmental protection as related to exploitation of natural resource.

scholarly journals China–Raw Materials: a controversial step towards evenhanded exploitation of natural resources

2014 ◽  
Vol 13 (2) ◽  
pp. 393-408 ◽  
Author(s):  
MARCO BRONCKERS ◽  
KEITH E. MASKUS
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Natural Resources ◽  
Environmental Protection ◽  
Raw Materials ◽  
Underlying Assumption ◽  
Appellate Body ◽  
Desirable Outcome ◽  
Export Restrictions ◽  
The World

AbstractThis case sheds light on the question whether WTO members, when exploiting their natural resources, can give priority to the needs of their domestic market as opposed to the needs of other WTO Members. From the ruling of the Appellate Body, and the unappealed part of the panel decision, one can conclude that a WTO Member normally must ensure an evenhanded distribution of the natural resources that it decides to mine or harvest amongst the WTO membership. The only difference arises where a Member's citizens or industries face a crisis because of a temporary shortage of an essential product. For those who share an international outlook on the world, this is an acceptable, and even a desirable outcome. The ruling potentially has far-reaching implications for international trade, not only in minerals and metals, but for agricultural and energy goods as well. However, in reaching this laudable result, circumscribing the use of export restrictions, the Appellate Body also made a highly regrettable finding. It ruled that China, because of the wording of its Accession Protocol, was not allowed to invoke a public policy justification for certain of its export restrictions (notably: its export duties, on which it had assumed additional commitments). The underlying assumption that sovereign states can sign away their rights to pursue public policies, such as environmental protection, which are generally admitted amongst the WTO membership, is deplorable.

scholarly journals China–Rare Earths: Export Restrictions and the Limits of Textual Interpretation

2016 ◽  
Vol 15 (2) ◽  
pp. 189-209 ◽  
Author(s):  
ERIC W. BOND ◽  
JOEL TRACHTMAN
Keyword(s):  
Empirical Evidence ◽  
Natural Resource ◽  
Rare Earths ◽  
Raw Materials ◽  
Contextual Approach ◽  
Appellate Body ◽  
Textual Interpretation ◽  
Export Restrictions ◽  
Textual Basis

AbstractThe China–Rare Earths decision of the Appellate Body addressed two main issues: (i) whether China's obligations not to impose export duties under its accession protocol are subject to exceptions under Article XX of GATT, and (ii) the scope of the exception for China's export quota measures relating to conservation under Article XX(g) of GATT. In accord with its China–Raw Materials decision, the Appellate Body found that there is no textual basis for the application of the Article XX exception to China's export duty obligations. This interpretation exalted a narrow contextual approach over an approach to interpretation that would focus on broader context, object, and purpose. The Appellate Body also approved the Panel's overall approach to determining the availability of the Article XX(g) exception. This approach focused on the design and structure of China's quota measure, but left unresolved important issues, including the extent to which non-conservation purposes may prevent use of the exception and the role of empirical evidence of effects in these determinations. While the Appellate Body found that there is no ‘even-handedness’ requirement in Article XX(g) itself, we argue that the chapeau's requirement of non-discrimination is an appropriate additional criterion for determining whether a policy with a target of reducing extraction of a natural resource satisfies the requirements of Article XX.

scholarly journals Rational Use of Energy Raw Materials in the Context of Sustainable Development in the Slovak Republic

2019 ◽  
Vol 105 ◽  
pp. 04003
Author(s):  
Štefan Kuzevič ◽  
Marcela Bindzárová Gergeľová ◽  
Žofia Kuzevičová
Keyword(s):  
Sustainable Development ◽  
Energy Consumption ◽  
Environmental Protection ◽  
Social Economic ◽  
Slovak Republic ◽  
Raw Materials ◽  
Institutional Development ◽  
Rational Use ◽  
The World ◽  
Reduction Of Energy Consumption

The concept of sustainable development is an important topic in the global concept of the world. It is understood as the unification of social, economic, environmental and institutional development of society. A complicated complex of relationships is formed. The contribution is devoted to selected indicators monitored in Slovakia in the framework of sustainability dealing with the issue of connection and evaluation of environmental protection and exploitation and use of energy raw materials. An important factor is also the reduction of energy consumption, given the decreasing reserves of energy raw materials in Slovakia.

scholarly journals The Exploitation of Energy Raw Materials and Environmental Protection in the Slovak Republic Legislative

2019 ◽  
Vol 105 ◽  
pp. 02028
Author(s):  
Štefan Kuzevič ◽  
Marcela Bindzárová Gergeľová ◽  
Žofia Kuzevičová
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Environmental Protection ◽  
Slovak Republic ◽  
Raw Materials ◽  
Future Generations ◽  
The Sustainable Development ◽  
Rational Use ◽  
Legal Norms ◽  
Development Objectives

The exploitation and use of energy raw materials is an indispensable need for each country to build the country’s economy. In pursuing the sustainable development objectives that Slovakia has pursued, it is necessary to link mining and exploitation and environmental protection, taking into account the rational use of natural resources for the future for future generations. The article focuses on the characteristics of legal norms and strategic documents of Slovakia. With the advancement of raw materials exploitation and processing technology, the share and focus on environmental protection is increasing, contributing to improving the environment of the country and region’s population.

PRESERVING AND PROMOTING LOCAL KNOWLEDGE IN ENVIRONMENTAL PROTECTION AND NATURAL RESOURCE EXPLOITATION AND USE OF ETHNIC MINORITIES IN THE NORTHERN MOUNTAINOUS REGION

2017 ◽  
Author(s):  
Vu Thi Thanh Minh
Keyword(s):  
Environmental Protection ◽  
Ethnic Minorities ◽  
Natural Resource ◽  
Local Knowledge ◽  
Production Efficiency ◽  
Customary Law ◽  
Mountainous Region ◽  
Resource Exploitation ◽  
Technological Advances ◽  
Natural Resource Exploitation

Ethnic minorities in the Northern Mountainous Region not only use the application of scientific-technological advances but also experiences of the community to enhance production efficiency and environmental protection. Local knowledge (TTDP) of ethnic minorities is useful for environmental protection and natural resource exploitation & use. These are environmental & weather knowledge; farming experiences on sloping and forestry land; knowledge about environmental protection and natural resource exploitation & use especially how to protect precious resources by specific rules/regulations of customary law. In the context of declining natural resources, TTDP is eroded, captured, or illegally exploited. There should be measures in order to preserve and promote TTDP as well as raise the awareness of the community about its important role.

Sustainable regional development as a problem of managing the socio-economic system

Ergodesign ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 58-62
Author(s):  
Alexander Anishenko ◽  
Tatyana Krotenko ◽  
Dmitriy Erokhin
Keyword(s):  
Sustainable Development ◽  
Regional Development ◽  
Economic System ◽  
Raw Materials ◽  
Resource Model ◽  
Systematic Analysis ◽  
Development Control ◽  
Sustainable Regional Development ◽  
Three Factor

A systematic analysis of the concept of "sustainable development of the region" is carried out . The classification of factors that affect the process of sustainable development is given. A three -factor resource model for the formation of sustainable development of the region , including human, financial and raw materials, is described. The necessity of systematic monitoring as an element of regional development control is substantiated.

HISTÓRICO DO COMPRIMENTO TOTAL DE TAMBAQUI (Colossoma macropomum, CHARACIFORMES: CHARACIDAE, CUVIER, 1818) DESEMBARCADO NO MERCADO DE TEFÉ, AMAZONAS, BRASIL, COM NOVE RECOMENDAÇÕES PARA O MANEJO PESQUEIRO DA ESPÉCIE

2008 ◽  
Vol 2 (1) ◽  
pp. 27-34 ◽  
Author(s):  
Jorge Iván Sánchez-Botero ◽  
Danielle Sequeira Garcez ◽  
Wesllen Chaves Cortezão
Keyword(s):  
Sustainable Development ◽  
Standard Deviation ◽  
Environmental Protection ◽  
Fisheries Management ◽  
Historical Data ◽  
Colossoma Macropomum ◽  
Pressure Diffusion ◽  
Significant Difference ◽  
Efficient Mechanisms ◽  
Solimões River

This study evaluates the total length of tambaqui (Colossoma macropomum ) captured in the middle Solimões river and traded during seven years (1993, 1997 and 2000 to 2005) in the Tefé market, Amazon, Brazil. The Mamirauá Institute of Sustainable Development obtained measurements of the total lengths from 42207 individuals. The length average was 45.23 ± 6.29 cm (minim um of 13 cm and maximum of 105.5 cm ) and the mode was 45 cm . From the total tambaquis, 92.86% were smaller than 55 cm and 7.14% measured 58.24 ± 5.41 cm on average. Medium and standard deviation of the lengths recorded in all years showed sizes below the established by the environmental federal agency. The Kruskal Wallis test showed that there is no significant difference between the abundances and medium sizes of the captures during all months of the year. The historical data of the tambaqui fisheries for the middle Solimões region indicate that individuals of this species have been constantly captured at sizes below the minim um length of reproduction. Nine recommendations for tambaquis fisheries management in the region related to more efficient mechanisms of inspection, auto-ecology studies of the species, environmental protection, reduction of fishery pressure, diffusion and educational cam paigns that aim to correct exploitation of this resource are presented in this manuscript.

SPACE MANAGEMENT OF NATURAL RESOURCE ASSETS – PREVENTION OF DEVELOPMENT OF A NATIONAL STATE PROJECT AND ITS SAFETY

2019 ◽  
pp. 21-27
Author(s):  
Victoriia Mykytenko
Keyword(s):  
Sustainable Development ◽  
National Security ◽  
Economic System ◽  
Natural Resource ◽  
Evolutionary Development ◽  
Present Stage ◽  
Space Management ◽  
Spatial Management ◽  
Potential Factor ◽  
The Individual

The basic elements of the national security of the individual, society and the state that are to be taken into account in the development and implementation of the practice of the management of doctrines and strategies for sustainable development are revealed. The complex of potential factor determinants and motivational factors of de-evolutionary development of the national socio-economic system at the present stage of its functioning are determined. The methodological substantiation of the specificity of modern processes of state development of Ukraine on its key meta-spaces is accomplished. The formalization of the interconnection and interdependence of spatial management of natural resource assets has been made on six planes: ideological; political; spiritual-moral and politico-ideological; institutional; value-ideological; the goal is conceptual.

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