UID:
almahu_9949386820802882
Format:
1 online resource.
ISBN:
9781003162339
,
1003162339
,
1000404773
,
9781000404784
,
1000404781
,
9781000404777
Series Statement:
The rule of law in China and comparative perspectives
Content:
"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"--
Note:
Based on author's thesis (doctoral - Universiteit Leiden, 2019) issued under title: 'Greening' the WTO ban on China's export duties : should WTO law allow China to use export duties to protect the environment and, if so, in what manner?
,
Introduction -- Three WTO cases against Chinese export duties -- The reception of the ban on Chinese export duties : concerns, solutions, and the missing piece -- A harsh ban on export duties would preventa country from protecting the environment under certain circumstances -- Policy rationales behind Chinese export duties -- A neglected issue : negative impacts on China's capacity to fight climate change -- Is there a legal path to a desirable policy space for China under WTO Law? -- China's policy space for adopting 'export duties plus' under GATT Article XX -- Implications of 'greening' the WTO ban on Chinese export duties.
Additional Edition:
Print version: Jiang, Fengan, 1986- Environmental protection, China and international trade Abingdon, Oxon ; New York, NY : Routledge, 2021. ISBN 9780367753832
Language:
English
Keywords:
Electronic books.
;
Hochschulschrift
DOI:
10.4324/9781003162339
URL:
https://www.taylorfrancis.com/books/9781003162339
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