Rare Earth: A Rare Dispute

  • Leon Gerber (Speaker)

    Activity: Talk or presentation typesInvited talk

    Description

    Co-delivered a seminar lecture at Strathclyde Centre for Environmental Law and Governance. The lecture, titled ‘Rare Earths: A rare debate’, was based on ongoing research by Dr Francesco Sindico (Strathclyde University), Dr Stephanie Switzer (Strathclyde University) and Adv. Leonardus Gerber (Dundee University) on whether litigation is the best (or the only) answer to conflicts arising between countries wishing to access minerals critical to the development of renewable energy technology and countries imposing export restrictions on those commodities. The research findings, which is due to be published in early 2015, highlights the link between climate change mitigation and minerals (specifically rare earth elements) and critically assesses the two WTO rare earths and raw materials cases. It discusses legal issues related to the WTO compatibility of mineral export restrictions, the applicability of GATT art XX to China’s Accession Protocol, and the legitimacy of the WTO in affecting non-trade domestic policies. It also assesses viable alternatives to litigation and considers emerging governance patterns arising or stemming from industry practice.
    Period3 Dec 2014
    Held atUniversity of Strathclyde, United Kingdom

    Keywords

    • REE
    • Rare Earth Elements
    • WTO
    • International Law
    • Trade Law
    • Minerals
    • Critical minerals