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II - ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS

from CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS

Published online by Cambridge University Press:  03 January 2018

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Summary

Claims of Error by China – Appellant

1. Article 6.2 of the DSU

16. China requests the Appellate Body to reverse the Panel's finding that Section III of each of the complainants' panel requests, entitled “Additional Restraints Imposed on Exportation”, complies with the requirements of Article 6.2 of the DSU, and to find, instead, that Section III of the panel requests does not comply with Article 6.2, with the exception of the complainants' claims regarding the non-publication of export measures concerning zinc. Consequently, China requests the Appellate Body to reverse the Panel's findings made pursuant to other claims allegedly contained in Section III of the panel requests.

17. China contends that the Panel correctly concluded that the panel requests set out subsets of claims concerning subsets of measures, rather than raising all claims listed in Section III of the panel requests in relation to all measures listed in that section of the panel requests. However, the panel requests fail to identify which claims were made with respect to which measures. For China, in order to comply with Article 6.2 of the DSU, the complainants were required plainly to connect the 37 listed measures with the 13 listed treaty provisions with sufficient precision to identify the specific combination of measure(s) and claim(s) at issue.

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Publisher: Cambridge University Press
Print publication year: 2014

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