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The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk
The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk
Chin Leng Lim
China has lost the Rare Earths case before a Panel which, however, split 2:1 on whether the Chinese Accession Protocol's general ban on export duties would allow General Agreement on Tariffs and Trade (GATT) Article XX to be invoked. The question affects whether other Recently Acceded Members' (RAMs') WTO-plus terms of accession should generally be read together with the GATT. Export quotas are unproblematic because Article XI is contained in the GATT. China's quota-based conservation measures were however strictly scrutinized, raising other questions about the room RAMs have to invoke Article XX if they might have to depend upon highly …
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
Chin Leng Lim
An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two …