How May China Respond to the U.S. Trade Approach? Retaliatory, Inclusive and Regulatory Responses

75 Pages Posted: 16 Apr 2018 Last revised: 6 Nov 2018

See all articles by Heng Wang

Heng Wang

University of New South Wales (UNSW) - Faculty of Law

Date Written: March 30, 2018

Abstract

The paper endeavours to conceputalize and provide an analytical framework for China’s response to U.S. trade policy. It analyses the following questions: what is the new U.S. trade approach? How might China respond to the United States’ trade approach? What are the trend and implications of China’s response to the U.S. trade approach? It argues, first, that the U.S. trade approach has not changed regarding most of the U.S.-style regulatory disciplines. However, it has changed in terms of the shift toward managed trade, unilateralism and trade enforcement. Second, China will likely adopt a three-track approach: consisting of retaliatory, inclusive and regulatory responses. Third, these responses exist on a political-legal spectrum that spans from a more political retaliatory response through to an inclusive one, or a more legalized approach (regulatory response). The inclusive response is likely to be given primacy by China over the other two responses, and China’s responses carry profound implications.

Suggested Citation

Wang, Heng, How May China Respond to the U.S. Trade Approach? Retaliatory, Inclusive and Regulatory Responses (March 30, 2018). Columbia Journal of Asian Law, Vol. 31, No. 2 (Forthcoming); UNSW Law Research Paper No. 18-76. Available at SSRN: https://ssrn.com/abstract=3153280

Heng Wang (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia
+61 2 9385 9472 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/heng-wang

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