China's SOE Reform: Using WTO Rules to Build a Market Economy

International and Comparative Law Quarterly, 2019, Vol 68, Issue 4, 977-1022. doi:10.1017/S002058931900037X

38 Pages Posted: 11 Jul 2018 Last revised: 21 Jan 2020

See all articles by Weihuan Zhou

Weihuan Zhou

University of New South Wales

Henry S. Gao

Singapore Management University - School of Law

Xue Bai

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

Date Written: July 1, 2018

Abstract

This paper challenges the widespread view that existing WTO rules are insufficient for dealing with state capitalism in China, which has been further emboldened by the latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, it is argued that new rules are not necessarily needed because the unique challenges created by China’s state capitalism can be appropriately addressed by the WTO’s existing rules on subsidies coupled with the China-specific obligations. A more realistic approach would be to encourage China to undertake market-oriented reforms through WTO litigation based on existing rules rather than trying to negotiate new rules.

Keywords: Public International Law, China, State-Owned Enterprise, Market Economy, State Capitalism, WTO, Subsidies, Antidumping, Public Body, Dispute Settlement

Suggested Citation

Zhou, Weihuan and Gao, Henry S. and Bai, Xue, China's SOE Reform: Using WTO Rules to Build a Market Economy (July 1, 2018). International and Comparative Law Quarterly, 2019, Vol 68, Issue 4, 977-1022. doi:10.1017/S002058931900037X, Available at SSRN: https://ssrn.com/abstract=3209613 or http://dx.doi.org/10.2139/ssrn.3209613

Weihuan Zhou (Contact Author)

University of New South Wales ( email )

Room 368, the Law Building
UNSW Sydney, 2052
Australia
+61 2 9385 9562 (Phone)

HOME PAGE: http://https://www.law.unsw.edu.au/staff/weihuan-zhou

Henry S. Gao

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

HOME PAGE: http://www.law.smu.edu.sg/faculty/law/henrygao.asp

Xue Bai

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

Kensington, New South Wales 2052
Australia

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