稀土案法律思考(DS431,DS432,DS433).pdfVIP

Open Journal of Legal Science 法学, 2015, 3, 35-42 Published Online April 2015 in Hans. /journal/ojls /10.12677/ojls.2015.32006 The Legal Thinking on Rare Earth Case (DS431, DS432, DS433) 1 2 Ying Li , Yajing Dong 1 Research Center for Beijing Energy Development, North China Electric Power University, Beijing 2 College of Humanities and Social Sciences, North China Electric Power University, Beijing Email: liying0289@126.com, dyjbn1@163.com th th st Received: Mar. 12 , 2015; accepted: Mar. 25 , 2015; published: Mar. 31 , 2015 Copyright © 2015 by authors and Hans Publishers Inc. This work is licensed under the Creative Commons Attribution International License (CC BY). /licenses/by/4.0/ Abstract On March 13, 2012, the United States, Japan and the European Union prosecuted China in export restrictions of rare earth, tungsten and molybdenum mine to the WTO Dispute Settlement Body. On July 23, WTO Dispute Settlement Body decided to set up expert group to review the case. On March 26, 2014, the panel report was released; hereafter on April 17th China appealed United States to Appellate Body, and on 25th China appealed Japan and European Union to Appellate Body. On August 7, 2014, WTO Appellate Body report was released, declaring Chinese lost. This article will analyze the legal issues involved in the case of rare earth research, the obligations of China to WTO, interpretation and quote of Article 20 of the GATT 1994, the game of national eco- nomic sovereignty and WTO Rules. Through analyzing the conflict exposed from China’s domestic laws and policies in this case