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This book argues for a balanced approach to 'greening' the World
Trade Organization (WTO) ban on China's export duties without
opening the floodgates to protectionism. As a result of the
China-Raw Materials and China-Rare Earths decisions, China is
largely prohibited from using export duties to address
environmental problems, including those associated with climate
change. This is despite a number of climate studies having
suggested that Chinese export duties could be useful for reducing
carbon leakage, an issue of international concern. This book puts
the case for a more balanced approach. It shows that a harsh ban on
China's export duties constrains its policy space to protect the
environment, particularly in the context of climate change. The
work presents feasibility tests for various legal solutions that
have been discussed for adjusting the ban, and it accordingly
proposes a more feasible approach that would allow China to help
protect the environment without advancing protectionism. The
proposed legal option provides a less protectionist alternative to
export duties, namely 'export duties plus': export duties in
combination with supplementary restrictions on Chinese consumption.
This analysis also yields insights regarding ways to correct WTO
precedents, which suggests a moderate alternative response to an
important issue behind the Appellate Body crisis. The book will be
a valuable resource for academics, researchers and policymakers in
the areas of International Trade Law, Environmental Law and China.
This book argues for a balanced approach to 'greening' the World
Trade Organization (WTO) ban on China's export duties without
opening the floodgates to protectionism. As a result of the
China-Raw Materials and China-Rare Earths decisions, China is
largely prohibited from using export duties to address
environmental problems, including those associated with climate
change. This is despite a number of climate studies having
suggested that Chinese export duties could be useful for reducing
carbon leakage, an issue of international concern. This book puts
the case for a more balanced approach. It shows that a harsh ban on
China's export duties constrains its policy space to protect the
environment, particularly in the context of climate change. The
work presents feasibility tests for various legal solutions that
have been discussed for adjusting the ban, and it accordingly
proposes a more feasible approach that would allow China to help
protect the environment without advancing protectionism. The
proposed legal option provides a less protectionist alternative to
export duties, namely 'export duties plus': export duties in
combination with supplementary restrictions on Chinese consumption.
This analysis also yields insights regarding ways to correct WTO
precedents, which suggests a moderate alternative response to an
important issue behind the Appellate Body crisis. The book will be
a valuable resource for academics, researchers and policymakers in
the areas of International Trade Law, Environmental Law and China.
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R398
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