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

China’s Implementation of the Rulings of the World Trade Organization
China’s Implementation of the Rulings of the World Trade Organization

Author: Weihuan Zhou

Publisher: Bloomsbury Publishing

Published: 2019-10-03

Total Pages: 297

ISBN-13: 1509913572

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Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

China and the WTO
China and the WTO

Author: Esther Lam

Publisher: Kluwer Law International B.V.

Published: 2009-10-08

Total Pages: 249

ISBN-13: 9041144838

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Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective
Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective

Author: Guiguo Wang

Publisher: Martinus Nijhoff Publishers

Published: 2011-12-15

Total Pages: 385

ISBN-13: 9004218548

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The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

WTO and the Greater China
WTO and the Greater China

Author: Chien-Huei Wu

Publisher: Martinus Nijhoff Publishers

Published: 2012-05-16

Total Pages: 329

ISBN-13: 9004208992

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Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

The Impact of WTO Membership
The Impact of WTO Membership

Author: Anastasia Loginova

Publisher: Routledge

Published: 2017-08-10

Total Pages: 187

ISBN-13: 1317097890

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What lessons can be learnt from the accession to the World Trade Organization (WTO) of Russia, China, and Ukraine? Were there any peculiarities in the adaptation of their economies to the rules and norms of the organisation, and what impact did it have on the world trade system? This detailed, systematic, and comparative analysis of the social and economic impact of the accession of these countries to the WTO addresses these questions, presenting an economic and legal analysis of the reasons and consequences of their joining the WTO. Comparative legal and economic methods are used to explore the social and economic causes and consequences of membership for post-communist states and to suggest ways in which new members can adapt to WTO standards. This work will be of interest to experts and students in the fields of economics, jurisprudence, and customs affairs.

China's WTO Accession
China's WTO Accession

Author: Karen Halverson Cross

Publisher:

Published: 2008

Total Pages: 52

ISBN-13:

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This article discusses the unparalleled economic, legal and political change that has confronted China during WTO accession. The article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, it analyzes the manner in which WTO accession has initiated profound legal reform. The final section of the article discusses the effects of adhering to WTO-related obligations on the future of political reform, and suggests that the resulting weakened control of the Communist Party may ultimately lead either to continued growth and political liberalization or mass unrest and a backlash of government repression.

Managing the Challenges of WTO Participation
Managing the Challenges of WTO Participation

Author: Peter Gallagher

Publisher: Cambridge University Press

Published: 2005-12-15

Total Pages: 682

ISBN-13: 9781139449007

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This 2005 compilation of 45 case studies documents disparate experiences among economies in addressing the challenges of participating in the WTO. It demonstrates that success or failure is strongly influenced by how governments and private sector stakeholders organise themselves at home. The contributors, mainly from developing countries, give examples of participation with lessons for others. They show that when the system is accessed and employed effectively, it can serve the interests of poor and rich countries alike. However, a failure to communicate among interested parties at home often contributes to negative outcomes on the international front. Above all, these case studies demonstrate that the WTO creates a framework within which sovereign decision-making can unleash important opportunities or undermine the potential benefits flowing from a rules-based international environment that promotes open trade.

WTO Dispute Settlement at Twenty
WTO Dispute Settlement at Twenty

Author: Abhijit Das

Publisher: Springer

Published: 2016-04-19

Total Pages: 0

ISBN-13: 9789811005985

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This book focuses on India’s participation in the WTO dispute settlement system, at a time when India has emerged as one of the most successful and prominent users of WTO dispute settlement among the developing countries. It offers a unique collection of perspectives from insiders – legal practitioners, policymakers, industry representatives and academics – on India’s participation in the system since its creation in 1995. Presenting in-depth analyses of substantive issues, the book shares rare insights into the jurisprudential significance, political economy contexts and capacity-building challenges faced by India. It closely examines India’s approach in effectively participating in the WTO’s dispute settlement mechanism including the framing of litigation strategies, developing legal and stakeholder infrastructure, implementing dispute settlement decisions, and the impacts of the findings of the WTO panels / Appellate Body on domestic policymaking and India’s long-term trade interests. In addition to discussing the key “classic” jurisprudential issues, the book also explores domestic regulatory and policy issues, complemented by selected case studies.