The Applicability of GATT Article XX to China\u2019s WTO Accession Protocol in the Appellate Body Report of the China \u2013 Raw Materials Case: Suggestions for a Different Interpretative Approach

On 30 January 2012, the Appellate Body handed down a long awaited ruling in the dispute brought by the US, the EU and Mexico against several export restrictions imposed by China on raw materials. The three Appellate Members concluded inter alia that there is no basis in China\u2019s Accession Protocol to allow the application of GATT Article XX to Paragraph 11.3, the WTO-plus provision of the Accession Protocol requiring Beijing to eliminate export duties. While such AB interpretative result seriously runs the risk of creating a highly controversial and irrational aspect of the multilateral trade system, also difficult to reconcile with the principle of permanent sovereignty over natural resources, the present essay proposes a different coordinated reading between Paragraph 11.3 of the China\u2019s Accession Protocol and the GATT general exceptions\u2019 clause, with the aim of indicating a hermeneutic outcome in harmony with the principle of sustainable development enshrined in the Preamble of the WTO Agreement

Jus cogens in international investment law and arbitration

Despite growing reference to jus cogens in the jurisprudence of international courts and scholarly writings, the concept remains vague. What is jus cogens? Why does it matter? What are its effects? These questions remain unsettled, and the time is ripe for further in-depth investigation. This chapter aims at addressing this set of questions, focusing on the role of jus cogens in international investment law and arbitration. Jus cogens has played an important role in the evolution of international investment law, and illuminating the trajectory of this concept is important for the future of the field. In fact, not only can the study contribute to further clarifying the concept of jus cogens but it can also reinforce the perceived legitimacy of the international investment law system. These developments can be significant for international investment lawyers, international law scholars and other interested audiences