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

See all articles by Chien-Huei Wu

Chien-Huei Wu

Acadmia Sinica - Institute of European and American Studies

Kuei-Chih Yang

Soochow University; Academia Sinica - Institute of European and American Studies

Date Written: March 19, 2015

Abstract

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

Suggested Citation

Wu, Chien-Huei and Yang, Kuei-Chih, Aggressive Legalism: China's Proactive Role in Renewable Energy Trade Disputes? (March 19, 2015). Oil, Gas & Energy Law 13(3), 2015. Available at SSRN: https://ssrn.com/abstract=2581298

Chien-Huei Wu (Contact Author)

Acadmia Sinica - Institute of European and American Studies ( email )

Nankang
Taipei, 11529
Taiwan

HOME PAGE: http://https://www.ea.sinica.edu.tw/people/Chien-Huei-Wu.aspx

Kuei-Chih Yang

Soochow University ( email )

Taiwan

Academia Sinica - Institute of European and American Studies ( email )

Nankang
Taipei, 11529
Taiwan

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