Book contents
- Frontmatter
- TABLE OF CONTENTS
- CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
- Contents
- CASES CITED IN THESE REPORTS
- ABBREVIATIONS USED IN THESE REPORTS
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV THE PANEL'S TERMS OF REFERENCE
- V THE PANEL'S RECOMMENDATIONS
- VI APPLICABILITY OF ARTICLE XX
- VII ARTICLE XI:2(a) OF THE GATT 1994
- VIII ARTICLE XX(g) OF THE GATT 1994
- IX FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS394/AB/R
- X FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS395/AB/R
- XI FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS398/AB/R
- ANNEX I Request for the Establishment of a Panel by the United States, WT/DS394/7
- ANNEX II Request for the Establishment of a Panel by the European Communities, WT/DS395/7
- ANNEX III Request for the Establishment of a Panel by Mexico, WT/DS398/6
- ANNEX IV Notification of an Appeal by China, WT/DS394/11, WT/DS395/11, WT/DS398/10
- ANNEX V Notification of an Other Appeal by the United States, WT/DS394/12
- ANNEX VI Notification of an Other Appeal by the European Union, WT/DS395/12
- ANNEX VII Notification of an Other Appeal by Mexico, WT/DS398/11
- Contents
- TABLE OF WTO CASES CITED IN THESE REPORTS
- GATT DISPUTE SETTLEMENT AND WORKING PARTY REPORTS
- ABBREVIATIONS OF MEASURES, EVIDENCE, AND OTHER INSTRUMENTS REFERRED TO IN THIS RULING
- TABLE OF ABBREVIATIONS
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII CONCLUSIONS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
III - ISSUES RAISED ON APPEAL
from CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Published online by Cambridge University Press: 03 January 2018
- Frontmatter
- TABLE OF CONTENTS
- CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
- Contents
- CASES CITED IN THESE REPORTS
- ABBREVIATIONS USED IN THESE REPORTS
- I INTRODUCTION
- II ARGUMENTS OF THE PARTICIPANTS AND THE THIRD PARTICIPANTS
- III ISSUES RAISED ON APPEAL
- IV THE PANEL'S TERMS OF REFERENCE
- V THE PANEL'S RECOMMENDATIONS
- VI APPLICABILITY OF ARTICLE XX
- VII ARTICLE XI:2(a) OF THE GATT 1994
- VIII ARTICLE XX(g) OF THE GATT 1994
- IX FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS394/AB/R
- X FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS395/AB/R
- XI FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS398/AB/R
- ANNEX I Request for the Establishment of a Panel by the United States, WT/DS394/7
- ANNEX II Request for the Establishment of a Panel by the European Communities, WT/DS395/7
- ANNEX III Request for the Establishment of a Panel by Mexico, WT/DS398/6
- ANNEX IV Notification of an Appeal by China, WT/DS394/11, WT/DS395/11, WT/DS398/10
- ANNEX V Notification of an Other Appeal by the United States, WT/DS394/12
- ANNEX VI Notification of an Other Appeal by the European Union, WT/DS395/12
- ANNEX VII Notification of an Other Appeal by Mexico, WT/DS398/11
- Contents
- TABLE OF WTO CASES CITED IN THESE REPORTS
- GATT DISPUTE SETTLEMENT AND WORKING PARTY REPORTS
- ABBREVIATIONS OF MEASURES, EVIDENCE, AND OTHER INSTRUMENTS REFERRED TO IN THIS RULING
- TABLE OF ABBREVIATIONS
- I INTRODUCTION
- II FACTUAL ASPECTS
- III PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS
- IV ARGUMENTS OF THE PARTIES
- V ARGUMENTS OF THE THIRD PARTIES
- VI INTERIM REVIEW
- VII FINDINGS
- VIII CONCLUSIONS AND RECOMMENDATIONS
- Cumulative List of Published Disputes
Summary
207. The following issues are raised on appeal by China:
(a) whether the Panel erred in finding that Section III of the complainants' panel requests complies with the requirement in Article 6.2 of the DSU to “provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly”;
(b) whether the Panel acted inconsistently with Articles 7.1, 11, and 19.1 of the DSU by recommending that China bring its export duty and export quota measures into conformity with its WTO obligations such that the “series of measures” in force at the date of the Panel's establishment do not operate to bring about a WTO-inconsistent result;
(c) whether the Panel erred in finding that China may not have recourse to the exceptions contained in Article XX of the GATT 1994 in order to justify a violation of China's export duty commitments contained in Paragraph 11.3 of China's Accession Protocol;
(d) whether the Panel erred in its interpretation and application of Article XI:2(a) of the GATT 1994, and in its assessment of the matter under Article 11 of the DSU, when it found that China's export quota on refractory-grade bauxite is not “temporarily applied” to prevent or relieve a “critical shortage”;
(e) whether the Panel erred by interpreting the phrase “made effective in conjunction with” in Article XX(g) of the GATT 1994 to require that the purpose of the export restriction be to ensure the effectiveness of restrictions on domestic production and consumption;
[…]
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- Information
- Dispute Settlement Reports 2012 , pp. 3385 - 3387Publisher: Cambridge University PressPrint publication year: 2014