China-Autos: Haven't We Danced this Dance Before?

27 Pages Posted: 18 Sep 2015

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Thomas J. Prusa

Rutgers, The State University of New Jersey - New Brunswick/Piscataway

Date Written: September 2015

Abstract

Just as it had in several recent similar disputes, the Panel in China – Autos found several of the challenged issues WTO inconsistent. We believe virtually all of the deficiencies noted by the Panel could be easily addressed with minor changes to MOFCOM practices. The real significance of this dispute lies in what it tell us about the larger trade policy dance between the US and China. On the one hand, with the series of related WTO disputes the US has demonstrated that China must comply with WTO rules. The more vexing challenge, however, is the apparent tit-for-tat motivation for this and other recent Chinese trade policies, and on this point this dispute does little to change the calculus. The prospective nature of WTO relief makes it almost impossible for the WTO to discourage the type of opportunistic protectionist actions exemplified by this case.

Keywords: MOFCOM, essential facts, price effects, tit-for-tat protection.

Suggested Citation

Mitchell, Andrew D. and Prusa, Thomas J., China-Autos: Haven't We Danced this Dance Before? (September 2015). 15 World Trade Review 303–325, (2016); Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/64. Available at SSRN: https://ssrn.com/abstract=2662068 or http://dx.doi.org/10.2139/ssrn.2662068

Andrew D. Mitchell (Contact Author)

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

Thomas J. Prusa

Rutgers, The State University of New Jersey - New Brunswick/Piscataway ( email )

94 Rockafeller Road
New Brunswick, NJ 08901
United States

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