Environmental Protection, China And International Trade: Greening The Wto Ban On Chinese Export Duties (The Rule Of Law In China And Comparative Perspectives)

This book argues for a balanced approach to 'greening' the WTO ban on China's export duties without opening the floodgates to protectionism. As a result of the WTO's controversial China--Raw Materials and China--Rare Earths decisions, China is prohibited from using export duties to address any 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 general 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' that could be imposed 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 the Appellate Body crisis within the WTO framework. The book will be a valuable resource for academics, researchers and policy-makers in the areas of International Trade Law, Environmental Law and China.

• | Author: Fengan. Jiang
• | Publisher: Routledge
• | Publication Date: July 08, 2021
• | Number of Pages: 244 pages
• | Language: English
• | Binding: Hardcover
• | ISBN-10: 0367753839
• | ISBN-13: 9780367753832