Case Note China, Minerals Export, Raw and Rare Earth Materials: A Perfect Storm for World Trade Organization Dispute Settlement

In China - Raw Materials, the World Trade Organization (WTO) Panel and Appellate body firmly restrict the application of General Agreement on Tariffs and Trade Article XX's 'conservation of exhaustible natural resources' to ecological considerations. This has an immediate impact on China's policy with respect to raw materials (including rare earth elements). It also impacts on any future challenge of the Organization of the Petroleum Exporting Countries under the WTO.