Next Article in Journal / Special Issue
Polluter-Pays-Principle: The Cardinal Instrument for Addressing Climate Change
Previous Article in Journal
Psychosocial Predictors of Compliance with Speed Limits and Alcohol Limits by Spanish Drivers: Modeling Compliance of Traffic Rules
Previous Article in Special Issue
Is There Room for Coherence in Climate Financial Assistance?
Article Menu

Export Article

Open AccessArticle
Laws 2015, 4(3), 617-637; doi:10.3390/laws4030617

Access to Minerals: WTO Export Restrictions and Climate Change Considerations

1
Strathclyde Law School, University of Strathclyde, Glasgow G1 1XQ, UK
2
Faculty of Law, University of Pretoria, Pretoria 0083, South Africa
These authors contributed equally to this work.
*
Author to whom correspondence should be addressed.
Academic Editor: Sonia E. Rolland
Received: 16 June 2015 / Revised: 26 August 2015 / Accepted: 27 August 2015 / Published: 22 September 2015
View Full-Text   |   Download PDF [223 KB, uploaded 22 September 2015]

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. View Full-Text
Keywords: climate change; WTO; renewables; minerals; exports; rare earth elements; China climate change; WTO; renewables; minerals; exports; rare earth elements; China
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

Scifeed alert for new publications

Never miss any articles matching your research from any publisher
  • Get alerts for new papers matching your research
  • Find out the new papers from selected authors
  • Updated daily for 49'000+ journals and 6000+ publishers
  • Define your Scifeed now

SciFeed Share & Cite This Article

MDPI and ACS Style

Switzer, S.; Gerber, L.; Sindico, F. Access to Minerals: WTO Export Restrictions and Climate Change Considerations. Laws 2015, 4, 617-637.

Show more citation formats Show less citations formats

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top