Open for Business? China's Telecommunications Service Market and the WTO

Journal of International Economic Law, Vol. 13, No. 2, 2010

University of Melbourne Legal Studies Research Paper No. 462

55 Pages Posted: 22 Feb 2010 Last revised: 12 Jul 2010

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Andrew D. Mitchell

University of Melbourne - Law School

Date Written: February 21, 2010

Abstract

China joined the World Trade Organization (‘WTO’) in 2001 after almost 15 years of negotiations, making extensive commitments to open its markets to foreign investment and liberalise trade in goods and services. China represents a huge potential market for foreign telecommunications service providers; yet, in practice, foreign involvement in this market is extremely limited. This article identifies key commercial and legal barriers to foreign entry into China’s telecommunications service market, exploring areas of apparent non-compliance with WTO rules and China’s justifications for its current approach. This research provides a valuable case study of China’s WTO compliance, the significance of obligations contained in China’s Accession Protocol, and the meaning of Members’ WTO commitments more generally under the General Agreement on Trade in Services (‘GATS’). The article raises important considerations for China as it finalises its telecommunications law, which has been in the drafting stages for many years.

Keywords: China, WTO, Telecommunications, Services, GATS, Accession, Trade

JEL Classification: F02, F13, F14, K2, K33, L96

Suggested Citation

Voon, Tania and Mitchell, Andrew D., Open for Business? China's Telecommunications Service Market and the WTO (February 21, 2010). Journal of International Economic Law, Vol. 13, No. 2, 2010; University of Melbourne Legal Studies Research Paper No. 462 . Available at SSRN: https://ssrn.com/abstract=1556807 or http://dx.doi.org/10.2139/ssrn.1556807

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Andrew D. Mitchell

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

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