Aggressive Legalism: China's Proactive Role in Renewable Energy Trade Disputes?
Oil, Gas & Energy Law 13(3), 2015
31 Pages Posted: 21 Mar 2015 Last revised: 24 Mar 2015
Acadmia Sinica - Institute of European and American Studies
Soochow University; Academia Sinica - Institute of European and American Studies
Date Written: March 19, 2015
This article examines China’s changing attitude toward renewable trade disputes. This article firstly argues that the concept of “aggressive legalism” which refers to a conscious strategy with the help of international rules to serve as shield and sword in trade dispute resolution should cover both domestic courts and intergovernmental WTO dispute settlement mechanism. This article finds that while China chose to settle the first renewable trade dispute, namely, China – Wind Power, with the US due to the staring WTO-inconsistency of the measures at issue, China later adopted a proactive and legalistic approach in subsequent disputes. China’ embrace of “aggressive legalism” is manifested in its trilateral solar panel trade wars with the US and the EU. In response to the concurrent anti-dumping and countervailing measures adopted by the US and the EU, China responded by initiating anti-dumping and countervailing measures against solar panel products originating therefrom. The investigated Chinese industries also sought judicial remedies in domestic courts. Besides, China also referred to the WTO dispute settlement mechanism and challenged the WTO-inconsistency of the US’ anti-dumping and countervailing measures and the EU’s and its member states’ subsidy schemes. In this transformation of “aggressive legalism”, China has developed a partnership with its domestic industries.
Keywords: WTO, dispute settlement, renewable energy dispute, aggressive legalism, anti-dumping, countervailing duty, double remedy
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Acadmia Sinica - Institute of European and American Studies ( email )
Academia Sinica - Institute of European and American Studies ( email )