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Full-Text Articles in Law

The Wages Of Belonging: Rare Earths From China, And The Return Of Gatt À La Carte, Chin Leng Lim, J. H. Senduk Dec 2013

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 …


Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi Dec 2013

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

Chapter focuses on transparency commitments in WTO covered agreements. Discusses major provisions in WTO covered agreements regarding transparency and analyzes the application of thosse provisions before WTO panels and the Appellate Body.