Fifteen Years On: Has China Implemented WTO Rulings? -- A Perspective on 'Trade in Goods' Disputes
(2016)11(1) Asian Journal of WTO & International Health Law and Policy 155-212.
58 Pages Posted: 11 Jan 2016 Last revised: 1 Apr 2016
Date Written: November 26, 2015
The article discusses China’s implementations of the rulings of the World Trade Organization (WTO) during its 15-year membership in the WTO by focusing on disputes involving trade in goods. It argues that in general China’s implementation in the disputes has been timely and satisfactory. However, issues such as lack of transparency in practice, rapid regulatory development, and inclined use of protectionist instruments to pursue chosen policy objectives have made China’s implementation in the individual cases much less significant than the need for continuous efforts to monitor China’s application of amended WTO-illegal measures in practice and its introduction of new measures, and to push China to make public information relating to decision-making by responsible administrative authorities. It also argues that China’s implementation in these cases is unlikely to be the end of the longstanding disputes over China’s intended protection of its major and sensitive industries. Thus, it will remain a formidable task for stakeholders to continue to observe China’s engagement with the WTO dispute settlement system.
Keywords: WTO, China, dispute resolution, implementation, dispute settlement, transparency, protectionism
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