Rare Earth Metals as a Cause to Think about Normative Value of the WTO Dispute Settlement Body’s Legal Reasoning

Available in Russian

Authors: Anait Smbatyan, Sergey Tymma

Keywords: GATT Article XX; Marrakesh Agreement; World Trade Organization; WTO Accession Protocol; WTO Dispute Settlement Body


While considering the China – Rare Earths dispute in 2014 the WTO Dispute Settlement Body missed the opportunity to correct an error it had made earlier, in 2012, in China – Raw Materials on the interrelation between the Marrakesh Agreement and China’s WTO Accession Protocol. This article discusses this error.