China—Measures Related to the Exportation of Various Raw Materials
World Trade Organization, Appellate Body
WT/DS394, 395, 398/AB/R (February 22, 2012)

- Written by Josh Lee, JD
Facts
China (defendant) maintained export restraints on a variety of natural resources, including magnesium, silicon carbide, silicon metal, zinc, and others. These natural resources were required in the production of high-technology products. The export restraints were in the form of export duties, export quotas, export licensing, and minimum-export-price requirements. The United States, the European Union, and Mexico (plaintiffs) challenged these export restrictions under the Chinese Protocol of Accession to the World Trade Organization (WTO) and the General Agreement on Tariffs and Trade (GATT). China argued that its export quotas were permitted under both GATT Article XI, as an exception to the prohibition on export quotas for restrictions on essential foodstuffs or other products necessary to temporarily relieve a critical shortage, and GATT Article XX(g), as the general exception for exhaustible natural resources if the restriction is put in place in conjunction with restrictions on domestic production or consumption. The GATT Panel rejected these arguments and ruled against China on the export quotas. China appealed to the WTO Appellate Body.
Rule of Law
Issue
Holding and Reasoning ()
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.