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 (https://doi.org/10.3390/laws4030617)
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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: https://orcid.org/0000-0002-3928-988X, Gerber, Leonardus and Sindico, Francesco ORCID: https://orcid.org/0000-0001-9320-0762;-
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Item type: Article ID code: 54348 Dates: DateEvent22 September 2015Published27 August 2015AcceptedSubjects: Law Department: Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law Depositing user: Pure Administrator Date deposited: 22 Sep 2015 15:11 Last modified: 20 Nov 2024 01:11 Related URLs: URI: https://strathprints.strath.ac.uk/id/eprint/54348