On the Applicability of Article XX of the GATT1994 in the "China-Measures Related to the Exportation of Various Raw Materials"

Abstract

The Panel report on the case "China-Measures Related to the Exportation of Various Raw Materials" was published in July 2011.The Panel concluded that GATT XX couldn't be invoked for violations of the obligations contained in Paragraph 11.3 of China's Accession Protocol by analyzing the ordinary meaning of Paragraph 11.3,the related articles of China's Working Party Report and the WTO Agreement.Compared with prior cases,the Panel report contains more detailed analyses and more comprehensive consideration.However,there are still some issues to be questioned.Specially in the approach of treaty interpretation,the Panel overemphasized the textual meaning,and the interpretation of the "WTO-plus" obligation in the Protocol appears rather strict and mechanical.Chinese government should urge the Appellate Body to construe the Protocol in good faith,and consider the context,the object and purpose of the Protocol synthetically so as to achieve the secondary adjustment to the imbalanced rights and duties between the WTO members.