1st Edition

Environmental Protection, China and International Trade Greening the WTO Ban on Chinese Export Duties

By Fengan Jiang Copyright 2021
244 Pages 3 B/W Illustrations
by Routledge

244 Pages 3 B/W Illustrations
by Routledge

244 Pages 3 B/W Illustrations
by Routledge

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... Read more

1. Introduction

Part I: Setting the Scene: The Background and Reception of the WTO Ban on Chinese Export Duties

2. Three WTO Cases Against Chinese Export Duties

3. The Reception of the Ban on Chinese Export Duties: Concerns, Solutions, and the Missing Piece

Part II: Preliminary Analysis: Would a Harsh Prohibition on Chinese Export Duties Constrain China’s Capacity to Protect the Environment?

4. A Harsh Ban on Export Duties Would Prevent a Country from Protecting the Environment Under Certain Circumstances

    5. Rationales Behind Chinese Export Duties

    6. A Neglected Issue: Negative Impacts on China’s Capacity to Fight Climate Change

    Part III: Final Analysis: Is There a Way for China to Use Export Duties Legally in Order to Achieve Environmental Goals under WTO Law?

    7. Is There a Legal Path to a Desirable Policy Space for China Under WTO Law?

    8. China’s Policy Space for Adopting ‘Export Duties Plus’ Under GATT Article XX

      9. Implications of ‘Greening’ the WTO Ban on Chinese Export Duties

      Biography

      Fengan Jiang, China University of Political Science and Law.