The Appellate Body Approach to the Applicability of Article XX GATT In the Light of China - Raw Materials: A Missed Opportunity?

This article attempts to analyse and investigate the implications of the approach to the applicability of Article XX GATT adopted in the recent China – Raw Materials. Using the decision on the non-availability of Article XX defences for violations of China’s WTO-plus commitments on export duties as a backdrop, it scrutinizes the more general, ‘systemic’ approach to the applicability of Article XX exceptions developed by theWTO dispute settlement bodies, and sheds light on the implications of such approach with respect to the relationship between GATT 1994 andWTO obligations arising from different instruments of theWTOAgreement, such as new members’ accession protocols. It also suggests that an exception to this general approach could be envisaged when the fundamental environmental goals protected under Article XX b) and g) are at stake.

Deciphering High-Pressure metamorphism in collisional context using microprobe-mapping methods : application to the Stak eclogitic massif (NW Himalaya)

The Stak massif, northern Pakistan, is a newly recognized occurrence of eclogite formed by the subduction of the northern margin of the Indian continent in the northwest Himalaya. Although this unit was extensively retrogressed during the Himalayan collision, records of the high-pressure (HP) event as well as a continuous pressure-temperature (P-T) path were assessed from a single thin section using a new multiequilibrium method. This method uses microprobe X-ray compositional maps of garnet and omphacitic pyroxene followed by calculations of ∼200,000 P-T estimates using appropriate thermobarometers. The Stak eclogite underwent prograde metamorphism, increasing from 650 °C and 2.4 GPa to the peak conditions of 750 °C and 2.5 GPa, then retrogressed to 700–650 °C and 1.6–0.9 GPa under amphibolite-facies conditions. The estimated peak metamorphic conditions and P-T path are similar to those of the Kaghan and Tso Morari high- to ultrahigh-pressure (HP-UHP) massifs. We propose that these three massifs define a large HP to UHP province in the northwest Himalaya, comparable to the Dabie-Sulu province in China and the Western Gneiss Region in Norway.

Tropical cyclone-related socio-economic losses in the western North Pacific region

The western North Pacific (WNP) is the area of the world most frequently affected by tropical cyclones (TCs). However, little is known about the socio-economic impacts of TCs in this region, probably because of the limited relevant loss data. Here, loss data from Munich RE's NatCatSERVICE database is used, a high-quality and widely consulted database of natural disasters. In the country-level loss normalisation technique we apply, the original loss data are normalised to present-day exposure levels by using the respective country's nominal gross domestic product at purchasing power parity as a proxy for wealth. The main focus of our study is on the question of whether the decadal-scale TC variability observed in the Northwest Pacific region in recent decades can be shown to manifest itself economically in an associated variability in losses. It is shown that since 1980 the frequency of TC-related loss events in the WNP exhibited, apart from seasonal and interannual variations, interdecadal variability with a period of about 22 yr – driven primarily by corresponding variations of Northwest Pacific TCs. Compared to the long-term mean, the number of loss events was found to be higher (lower) by 14% (9%) in the positive (negative) phase of the decadal-scale WNP TC frequency variability. This was identified for the period 1980–2008 by applying a wavelet analysis technique. It was also possible to demonstrate the same low-frequency variability in normalised direct economic losses from TCs in the WNP region. The identification of possible physical mechanisms responsible for the observed decadal-scale Northwest Pacific TC variability will be the subject of future research, even if suggestions have already been made in earlier studies.

The Gender of Chinese Christianity: Evaluating a New Research Perspective

This paper will discuss how the gender perspective can be applied to the study of the Early Modern Jesuit China mission. I will show that the category of gender provides a promising research perspective on Sino-Western cultural exchange, for it brings to the forefront important aspects of social life in the “contact zone” of Chinese Christian communities. I will argue that through the intercultural contact initiated by the Jesuit China mission, gender roles started to shift slightly on both sides. On the one hand, the Jesuits adopted the Confucian ideal of the separation of the sexes (nannü zhi bie), building for example separate Churches for women, something unknown in Europe. On the other hand, Chinese Christians were urged to reconsider aspects of their traditional gender norms, when for instance some men left their concubines in order to become Christian. The paper will be divided in three parts. First, it will focus on the history of concepts and discuss what gender relations meant in the context of the Early Modern China mission. Then it will turn to the representation of female religiosity in Jesuit Annual Letters and show how the gender perspective can lead to a re-evaluation this source genre. Finally, it will reflect on how the gender perspective can give us fresh insights into well-known paradigms on Sino-Western relations, taking the accommodation paradigm as an example.

Han Migration to Xinjiang Uyghur Autonomous Region: Between State Schemes and Migrants’ Strategies

Post-1949 Han migration to Xinjiang Uyghur Autonomous Region in northwest China is a hotly debated issue among the Xinjiang scholars and within the region itself. While it is often discussed using statistical data as a large-scale historical process, I argue in this article for a more differentiated view of Han migrants. I demonstrate that in the popular discourse migrants are distinguished into numerous categories like Bingtuaners , Profit-Driven Migrants, Border Supporters, Qualified Personnel, Educated Youth, and others. Accordingly, I argue that Han migrants to Xinjiang should not be understood as a homogeneous category of participants in a singular state project intended to establish state control over the region. High return rates demonstrate that state attempts to make Han settle in Xinjiang are only partly successful, and that migrants follow their own strategies when situation permits, rather than fulfill the government’s plans. Individuals who have migrated since the 1980s are especially careful in their assessment of the economic incentives of settlement, and many decide to remain mobile.