| Ano | 2014 |
| Cidade do Trabalho | Brasília, D.F. |
| Descricão e Informacões Adicionais | The paper evaluates the legal boundaries of export controls as industrial policies on natural resources, emphasizing articles XI, XX(i), and XX(j) of the GATT-94. The context comes from the concerned restrictions that led to the China Raw Materials and China - Rare Earths cases at the WTO. Much of the literature has been focusing on systemic linkages: trade and environment/public health. Despite its importance, this paper innovates by focusing on the discretionary space of export controls as industrial policies that Members may adopt, without resorting to any environmental or public health arguments. Indeed, whether in Raw Materials the term industrial policy is not found in the dispute reports, in Rare Earths it appears at least thirty times in the Panel´s report. After the analysis, this paper suggests distinct conformation of these spaces. Article XI of the GATT-94 would convey constricted space for export quotas due to time, substantive, and circumnstancial criteria. Article XI of the GATT-94, on the other hand, would provide considerable room for export duties; though Members with specific accession commitments (e.g. China), may have curtailed it, as interpreted by the Appellate Body. Finally, Articles XX(i) and XX(j) of the GATT-94 would rarely accommodate ordinary industrial policies. Their use attaches to stabilization plans and international emergencies, respectively. In a world of depleting resources, this paper sheds light on the legal boundaries of exports controls. As the economics implications of the concerned measures were not analyzed, the paper also paves the way for future law and economics perspectives on this topic. |
| Descricão e Informacões Adicionais(en) | Export controls on natural resources, adopted by China in the last decade, have sparked a complex discussion among WTO Members Measures of these nature export controls on its own natural resources are not unheard in the international trade history. In practice, they are observed since mercantilism (as a French law that prohibited gold exports in 1540), along the industrial revolution, between the Great Wars and also in the era of trade multilateralism. However, the topic shall be revisited and expanded for at least two reasons: firstly, because the legal boundaries of export controls have been clarified , though in distinct degrees; secondly, because it crosses a broad spectrum of economic interests, involving global chains and natural resources, and regulatory interests, related to industrial policy and environmental conservation.
Three situations illustrate the complexity of those interests: Brazil has mineral resources of different variety and strategic purposes, such as the elements called rare earths . A specialized publication in the mining industry also reports that the Mexican government will fund, in the near future, efforts to locate new rare earths deposits, since the known ones under the West Coast Sea are hardly extracted. Yet, the expression raw materials diplomacy looms large in the international economic relations as a reference to the European Union articulation pro an international understanding to guarantee the supply of strategic raw materials. The visit of the Brazilian president in Germany, in 2012, was symptomatic. It was suggested, in that occasion, a strategic partnership with Brazil in raw materials, such as rare earths, aiming at stable supply, taking in consideration the implementation of the Chinese export restraint measures |
| Disponibilidade | IRRESTRITA |
| duracao em meses | 1 |
| Finalidade | Parecer Técnico para publicação em revista especializada em Direito Internacional |
| Homepage do Trabalho | http://www.publicacoesacademicas.uniceub.br/index.php/rdi |
| Idioma | Inglês |
| Instituicão Financiadora | Centro Universitário do Distrito Federal - UniCEUB |
| Meio de Divulgação | VARIOS |
| Natureza | PARECER |
| numero de paginas | 18 |
| País | Brasil |
| Relevância | NAO |
| Título do Trabalho Técnico | Export Controls as Industrial Policy on Natural Resources: Regulatory Limitations on China Raw Materials and China Rare Earths Cases |
| titulo do trabalho tecnico ingles | Export Controls as Industrial Policy on Natural Resources: Regulatory Limitations on China Raw Materials and China Rare Earths Cases |
