Picture of UK Houses of Parliament

Leading national thinking on politics, government & public policy through Open Access research

Strathprints makes available scholarly Open Access content by researchers in the School of Government & Public Policy, based within the Faculty of Humanities & Social Sciences.

Research here is 1st in Scotland for research intensity and spans a wide range of domains. The Department of Politics demonstrates expertise in understanding parties, elections and public opinion, with additional emphases on political economy, institutions and international relations. This international angle is reflected in the European Policies Research Centre (EPRC) which conducts comparative research on public policy. Meanwhile, the Centre for Energy Policy provides independent expertise on energy, working across multidisciplinary groups to shape policy for a low carbon economy.

Explore the Open Access research of the School of Government & Public Policy. Or explore all of Strathclyde's Open Access research...

Access to minerals : WTO export restrictions and climate change considerations

Switzer, Stephanie and Gerber, Leonardus and Sindico, Francesco (2015) Access to minerals : WTO export restrictions and climate change considerations. Laws, 4 (3). pp. 617-637. ISSN 2075-471X

[img]
Preview
Text (Switzer-etal-Laws-2015-Access-to-minerals-WTO-export-restrictions-and-climate-change)
Switzer_etal_Laws_2015_Access_to_minerals_WTO_export_restrictions_and_climate_change.pdf
Final Published Version
License: Creative Commons Attribution 4.0 logo

Download (220kB)| Preview
    [img]
    Preview
    Text (LAWS Switzer Gerber Sindico (2015))
    LAWS_Switzer_Gerber_Sindico_2015_.pdf
    Final Published Version
    License: Creative Commons Attribution 4.0 logo

    Download (227kB)| Preview

      Abstract

      In the past few years, the Chinese government opted to restrict the export of selected minerals on environmental and health grounds, subsequently leading to an uproar in countries and regions that rely heavily on imports from China to develop their renewable industry sector. This paper places the focus on the law and policy of the Chinese export restrictions of critical minerals, and its implications for the global renewables energy industry. The paper critically assesses how such export restrictions have been dealt with under the dispute settlement system of the World Trade Organisation (WTO). Drawing on this WTO jurisprudence, we posit that litigation on export restrictions of the kind imposed by China poses a threat to the legitimacy of the WTO. We therefore conclude by exploring whether there are any alternatives to litigation as a means to deal with countries choosing to impose mineral export restrictions.