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以WTO中国稀土案为例,着重分析了WTO关于出口限制的规则以及中国因承担“超国民义务”对产业政策产生的潜在的制约与影响。认为原材料出口限制问题将是今后我国与其他WTO成员发生贸易纠纷的一个重要原因,中国政府应重视环境与资源问题带来的重大挑战,在WTO贸易与环境冲突等议题的多边谈判中,积极倡导以可持续发展原则作为解决此类冲突的法理基础,并就我国应采取的对策提出建议。
Taking the case of China Rare Earths in WTO as an example, this article analyzes the WTO rules on export restrictions and the potential constraints and influences that China has on industrial policies due to undertaking “super national obligations”. He believes that the restriction on the export of raw materials will be an important reason for the trade disputes between China and other WTO members in the future. The Chinese government should pay great attention to the major challenges posed by the environment and resources and advocate actively during the multilateral negotiations on the WTO trade and environmental conflicts Take the principle of sustainable development as the legal basis for settling such conflicts and make suggestions on the countermeasures that our country should take.