Talking Disputes Vol. 4
8th February 2012 • Co-organised with WTI Advisors
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Organized by ICTSD and WTI Advisors, this event aims to introduce the recent WTO appellate decision on Chinese export restrictions applied to raw materials (DS cases 394, 395, 398). The Appellate Body rejected Beijing’s claim of resource conservation grounds as a justification for an export quota on raw materials under GATT Article XI. This begs the question under what circumstances resource conservation can actually serve as grounds for the restriction of exports of finite natural resources. The report also confirmed that China’s violation of export duty commitments made in Article 11.3 of its Accession Protocol cannot be justified by GATT Article XX because Article 11.3 lacks an explicit reference to this GATT provision. This is a significant development in the applicability of the GATT chapeau to accession commitments, with significant consequences for current and future WTO members.
This event marks the fourth in a new series. ‘Talking Disputes’ is designed to allow for the discussion of WTO DS cases, one at a time, in a round of interested experts, delegates and others in Geneva.
Agenda
12:30 Welcoming lunch and introductory remarks
13:00 Panel discussion
- Moderator, Christophe Bellmann (ICTSD)
- Key issues, overview, and comments, Hannes Schloemann (WTI Advisors)
- The availability of Article XX to non-GATT claims, Cherise Valles (ACWL)
- Implications for resource conservation in the mining sector, Gilles Carbonnier (HEID)
- Implications beyond extractive resources; an outlook for future disciplines, Baris Karapinar (WTI)
13:45 Open Discussion
Registration required. Please register by Monday, 6 February with Matt Fleszar at mfleszar@ictsd.ch
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