Perfectly Legal, But Wrong

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Global Ethics

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).