Perfectly Legal, But Wrong

When “perfectly legal” is a lame excuse for doing the wrong thing

Ethics and the Environment

Drill, Baby, Drill!

This month, we interrupt the parade of “perfectly legal but wrong” entries to bring you something questionably legal and clearly wrong.  Seismic testing in preparation for drilling in the Arctic National Wildlife Refuge could begin this winter.  In December...

China’s Export Restrictions of Raw Materials and Rare Earths: A New Balance Between Free Trade and Environmental Protection?

China’s Export Restrictions of Raw Materials and Rare Earths: A New Balance Between Free Trade and Environmental Protection?

The legal issues that arise in both China – Raw Materials and China’s export restrictions of REE are significant for WTO jurisprudence because they address long-standing tensions between free trade and environmental protection. This Article discusses the Raw Materials Appellate Body’s analysis of the environmental and conservation defenses China raised under GATT 1994 Articles XI, XX(b), and XX(g).