The WTO Legalistic Approach and East Asia
The WTO Legalistic Approach and East Asia

Author: Shin-yi Peng

Publisher:

Published: 2007

Total Pages: 0

ISBN-13:

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This article will discuss the most pressing challenges facing the East Asian countries in light of the WTO dispute settlement system: the differences in the legal cultures between East Asia and the West. This cultural dimension study will focus only on the resolution process. The attempt to discuss legal cultures, however, requires the use of methodologies that may be criticized as oversimplified. This article is, thus, not a comprehensive overview of the cultural study of East Asian legal systems; instead, it relies on the empirical analysis of legal phenomena. In one sense, the discussion from the cultural perspective in this article is based on case studies. Chinese societies are the main focus of the discussion, and my focus on Taiwan, China and APEC is explained, if not justified, by my personal background and by the overwhelming influence of Confucianism in this region. From a legal culture perspective, this article examines the implications of the WTO's more ruled-based dispute settlement system for East Asian countries. Part I demonstrates the interrelationship between economic globalization, culture, and law. Part II discusses three examples of how culture affects legal perceptions and identifies some aspects of legal culture approach to law common to all the East Asian and Southeast Asian countries. The third section discusses how the Western/Asian legal culture dichotomy is reflected in the legalistic and non-legalistic features of the WTO's DSU. This section also explains how the pattern of voluntary participation in GATT/WTO reflects this legal culture dichotomy. Part IV presents some strategic suggestions.

WTO and East Asia
WTO and East Asia

Author: Mitsuo Matsushita

Publisher: Cameron May

Published: 2004

Total Pages: 523

ISBN-13: 1874698643

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Comprises 19 articles grouped under four headings: Reflection on the WTO system; Experience of East Asian memebers in the WTO system; East Asian perspectives on the WTO issues; and Regional economic integration.

Legal Development of WTO Trade Remedy Practices in East Asia
Legal Development of WTO Trade Remedy Practices in East Asia

Author: Dukgeun Ahn

Publisher:

Published: 2015

Total Pages: 18

ISBN-13:

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East Asian WTO Members -- China, Japan and Korea -- have always been the key players for the development of the WTO trade remedy system, initially as major targets of trade remedy measures but recently also as important users of such measures. This article reviews the current situations of East Asian members in terms of trade remedy actions and relevant WTO disputes. In this regard, it is noteworthy that various Chinese antidumping and countervailing measures have been found to be WTO inconsistent by the WTO dispute settlement body. It is also noted that some of their recent FTAs adopt modified rules for the trade remedy systems.

WTO Dispute Settlements in East Asia
WTO Dispute Settlements in East Asia

Author: Dukgeun Ahn

Publisher:

Published: 2003

Total Pages: 54

ISBN-13:

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"East Asian countries have become much more active in utilizing the WTO dispute settlement system to assert their legal rights. The dispute settlement experience so far for these countries has shown strong tendency of domestic governments to defend economic interest of major industries. Their primary counterparts in trade disputes are still major developed countries such as the United States and the European Communities. Thailand is in some sense peculiar in that it brought disproportionately many complaints to the WTO dispute settlement system while it was hardly challenged by other Members. In contrast to the GATT era, Korea has become legally very aggressive under the WTO system. It is also noted that Japan has been rarely challenged since October 1998. Except for China, most East Asian countries lack the national procedure to link private economic interests to the WTO dispute settlement procedures"--NBER website

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO
The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO

Author: Yenkong Ngangjoh-Hodu

Publisher: Edward Elgar Publishing

Published: 2016-01-29

Total Pages: 211

ISBN-13: 1783473851

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Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context

The Rule of Law at the National and International Levels
The Rule of Law at the National and International Levels

Author: Machiko Kanetake

Publisher: Bloomsbury Publishing

Published: 2016-04-21

Total Pages: 489

ISBN-13: 1782256156

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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

International Arbitration Discourse and Practices in Asia
International Arbitration Discourse and Practices in Asia

Author: Vijay K. Bhatia

Publisher: Routledge

Published: 2017-07-28

Total Pages: 297

ISBN-13: 1351860127

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International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

Regional Trade Agreements and the WTO Legal System
Regional Trade Agreements and the WTO Legal System

Author: Lorand Bartels

Publisher: Oxford University Press, USA

Published: 2006

Total Pages: 648

ISBN-13:

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'Regional Trade Agreements and the WTO Legal System' introduces the economic & political underpinnings of regional trade agreements, their constitutional functions, & their role as a locus for integrating trade & human rights.

Challenges of International Law in the Asian Region
Challenges of International Law in the Asian Region

Author: Vitit Muntarbhorn

Publisher: Springer Nature

Published: 2021-06-14

Total Pages: 238

ISBN-13: 9811620474

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This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state‐centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Regional Economic Integration and Dispute Settlement in East Asia
Regional Economic Integration and Dispute Settlement in East Asia

Author: Anna G Tevini

Publisher: Bloomsbury Publishing

Published: 2018-06-28

Total Pages: 587

ISBN-13: 1782254870

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The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.