The Rare Earth Case filed in 2012 is the 5th WTO case which the European Union initiated successively against China since 2008. In 2014,the WTO Dispute Settlement Body made a final decision that the export measures imposed on rare earth materials were inconsistent with China’s obligations or not justified under China’s Accession Protocol and the GATT 1994. The European Union won again in the series of cases complained against China’s restrictions on rare earth exportation. The present case and the Raw Materials Case filed in 2009 in the WTO are of a high degree of similarity with respect to the nature of the subject-matter,the European Union’s claims and China’s defenses,with the only exception lying in the type of the subject-matter. Based on the previous experiences and lessons,China has improved its arguments as to the two core legal issues.
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