China's Development of International Economic Law and WTO Legal Capacity Building

Hsieh, Pasha L.

doi:10.1093/jiel/jgq047

Cited by 20 publications

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“…53 Hsieh said that China policy for economic liberalization succumbed to the demand of Western powers and its Marxist-Leninist ideology have definitely "contributed to China's suspicions about the modern legal order and international tribunals." 54 This incongruity would cause an "uneasy push-and-pull" between China and the rest of the world including the WTO. Today, China is welcomed to focus on enhancing legal capacity building in order to cope with the WTO disputes.…”

Section: Resultsmentioning

confidence: 99%

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Uneasy Days of Push-and-Pull between China and the WTO: Recent Issues of China in the WTO

2015

CWR

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As China's 12-year experience in the WTO has induced an ambitious global vision socalled "New Silk Road Strategy," its global status has leveled up to 'G2' of the world. In terms of global trade, consumers all over the world have gained much from cheap Chinese goods, and Chinese growth has provided a huge market for other countries' exports. This paper briefly analyzes traditional issues concerning China's cases in the WTO in such areas as goods and services, intellectual property, dispute settlement, multilateral and regional trade agreements. It also tackles China-related issues in the WTO including investment, competition, government procurement, trade finance, and labor and human rights. This paper concludes that China needs to be equipped with better enforcement of domestic rule of law and greater room for trade liberalization. Moreover, the WTO is expected to encourage and boost China's economic growth and institutional development, while China will continue to pose both new opportunities and threats to the multilateral trading system.

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Section: Resultsmentioning

confidence: 99%

“…22 During the twelve years after its accession to the WTO, the total number of dispute cases involving China as a complainant is 12 and as a respondent, 23. Between 2012 and 2014, China was involved in 4 dispute settlement cases as a complainant, 9 as a respondent.…”

Section: Dispute Settlementmentioning

confidence: 99%

Uneasy Days of Push-and-Pull between China and the WTO: Recent Issues of China in the WTO

2015

CWR

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“…"* Moreover, as China has progressively enhanced its legal capacity and revised its traditional attitudes toward third-party adjudication to embrace what can be described as "assertive legalism" in the past decade (Hsieh, 2010;Harpaz 2010;Liang, 2oo7;Jiang, 2005;Gao, 2007), the above pattern is also puzzling for arguments (Busch et ai, 2009;Shaffer, 2006;Guzman and Simmons, 2005) about how the lack of legal capacity may prevent developing countries from effectively representing their interests within the WTO. Future studies could more specifically examine the effectiveness (or the lack therefore) ofthe WTO in addressing the respective trade concerns of China and the US.…”

Section: Resultsmentioning

confidence: 99%

High Stakes: US-China Trade Disputes under the World Trade Organization (WTO)

Zeng

2013

Asian J Soc Sci

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This paper examines US-China trade disputes under the World Trade Organization (WTO) and argues that Chinese leaders are increasingly resorting to the WTO’s dispute settlement mechanism to target issues of most critical concern to domestic constituencies. The following overview of the WTO disputes initiated by China suggests that China’s WTO disputes tend to be dominated by cases involving anti-dumping duties (ADs) and countervailing duties (CVDs). The disproportionate share of such trade remedy cases in China’s WTO cases needs to be viewed in light of the fact that China has become the leading target of such cases worldwide in the past decades. The above pattern of China’s WTO initiation is explicable within the leader cost-benefit analysis, which would lead us to expect Chinese leaders to use the WTO DSM either to open foreign markets for Chinese businesses or to shield domestic firms from perceived unfair foreign trade practices. This paper further argues that the significant expansion of bilateral trade relations in the past decades has provided opportunities for Chinese leaders to identify or threaten retaliation against anti-protectionist groups in the other country in order to mobilise them against the disputed measure.

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“…95 See, e.g., the WTO Working Party Reports on the Accession of Ukraine and Russia.Ukraine promised to apply export duties only to the goods listed in Table 20(a) and to reduce export duties in accordance with the binding schedule contained in the one hand, the right to dispose freely of natural resources not only is a state sovereignty right, but also has been recognized as a basic human right for all peoples. 101 Therefore, to deprive China the right to resort to the natural resources conservation exception in Article XX(g) for the violation of its export duty commitments 102 would be likely to incur ultra-nationalist reactions from the public, especially when export duties are arguably an area of 'under-regulation' or 'regulatory deficiency' in general WTO law 103 and when those forms of export restraint on minerals are commonly taken by other WTO members. 104 On the other hand, both the Chinese government and the public have been aware of the environmental harm surrounding natural resource mining and processing, and Chinese citizens have increasingly taken collective action to fight against those anti-environment projects.…”

Section: The Applicability Of Environmental Protection Exceptions To mentioning

confidence: 99%

The Applicability of Environmental Protection Exceptions to WTO-Plus Obligations: In View of theChina – Raw MaterialsandChina – Rare EarthsCases

Liu¹

2014

Leiden Journal of International Law

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Recently, two disputes involving China's WTO-plus obligations have attracted great attention:China -Raw Materials and China -Rare Earths. In China -Raw Materials, China resorted to WTO environmental protection exceptions to justify its violation of the export duty elimination obligation outlined in paragraph 11.3 of the Protocol on the Accession of the People's Republic of China, which is clearly a WTO-plus obligation. However, China's recourse was rejected by the panel and then by the Appellate Body, as will probably happen in China -Rare Earths. This article looks into the interpretation and finding of the applicability matter in the DSB reports in China -Raw Materials and further discusses the general applicability issue of environmental protection exceptions to the violation of WTO-plus obligations. As rebuttal to the DSB reports, this article argues that omissions or silence in paragraph 11.3 do not necessarily mean rights waiver, especially when the right involved is the essential right to justify the violation pursuant to environmental protection exceptions provided in Article XX(b) and (g) of the GATT. Also, it is illogical to refer to GATT generally when the WTO-plus obligation in paragraph 11.3 does not have any corresponding rules in GATT. More generally, with consideration of the nature of the environmental protection exceptions in Article XX and the conclusion process of the Protocol, as well as with consideration of the sustainable development objective of the WTO and the politically sensitive matters concerned in China -Raw Materials, China should not be deprived of the right to defend its violation of the export duty obligation in ChinaRaw Materials. Although the discussion in this article is mainly based on China's WTO-plus obligations, its reasoning may also be extensively applied to that of other acceding members if suitable.

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China's Development of International Economic Law and WTO Legal Capacity Building

Cited by 20 publications

References 0 publications

Uneasy Days of Push-and-Pull between China and the WTO: Recent Issues of China in the WTO

Uneasy Days of Push-and-Pull between China and the WTO: Recent Issues of China in the WTO

High Stakes: US-China Trade Disputes under the World Trade Organization (WTO)

The Applicability of Environmental Protection Exceptions to WTO-Plus Obligations: In View of theChina – Raw MaterialsandChina – Rare EarthsCases

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