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

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      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.

      ORCID iDs

      Switzer, Stephanie ORCID logoORCID: https://orcid.org/0000-0002-3928-988X, Gerber, Leonardus and Sindico, Francesco ORCID logoORCID: https://orcid.org/0000-0001-9320-0762;
      • Item type:Article
        ID code:54348
        Dates:
        Date
        Event
        22 September 2015
        Published
        27 August 2015
        Accepted
        Keywords:climate change, WTO, renewables, minerals, exports, rare earth elements, China, Law, Law
        Subjects:Law
        Department:Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
        Depositing user: Pure Administrator
        Date deposited:22 Sep 2015 15:11
        Last modified:06 May 2021 00:33
        Related URLs:
        URI:https://strathprints.strath.ac.uk/id/eprint/54348
      CORE (COnnecting REpositories)