On September 21, Prof. Dr. Marian Paschke from Hamburg University gave a lecture titled ‘Export Restrictions in International Trade in Raw Materials – Conclusions from the WTO Panel and Appellate Body in the China/EU – Raw Material Case’ to Tongji Law students. Dr. Paschke analyzed the topic in depth and uniquely and put forward his distinctive opinions on related system. Dr. Paschke also had interactive communication with students and had a Question and Answer Session. The atmosphere of whole session was relaxed and active. Prof. Dr. Liu Xiaohai from Tongji Law School participated.

Dr. Paschke called conclusions of raw materials case from WTO Panel and Appellate Body in question. He insisted that conclusions of WTO unilaterally emphasized requirement of Article 11.3, ‘China’s WTO Accession Protocols’ and China should eliminate all tax fees for overseas products, only if Appendix 6 of Protocols was clearly defined or practically used Article 8 of ‘GATT 1994’. He said conclusions neglected escape clause of General Article 20 in GATT. In order to adjust industrial distribution and regulation or to eliminate serious environmental problems, we should take certain restriction, which conformed to escape clause in GATT. Rightfully, Chinese government must give reasonable and effective proof in the DSB Program.

Dr. Paschke also pointed out that rare earth and other raw materials were recourses to protect which were vital to world development and getting scarce. China has rich resources reserves. It is a dilemma that how to balance between the rule of free trade and national interests in export market. He clearly expressed, with Raw Materials Organization established in future and involved whole world parties. It would distribute supply of resources and would help China to seek the best interests at the same time. Prof. Liu Xiaohai and students put forward ideas and hypothesis to have an in-depth discussion. The lecture ended with a relaxed academic atmosphere. After the lecture, teachers and students took a group photo.