The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO PDF Download

Author: Yenkong Ngangjoh-Hodu
Publisher: Edward Elgar Publishing
ISBN: 1783473851
Category : Business & Economics
Languages : en
Pages : 211

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Book Description
Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context

Author: Weihuan Zhou
Publisher: Bloomsbury Publishing
ISBN: 1509913572
Category : Law
Languages : en
Pages : 311

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Book Description
Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

Author: Bing Xiao
Publisher: Springer Nature
ISBN: 9819701856
Category :
Languages : en
Pages : 382

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Book Description

Author: Esther Lam
Publisher: Kluwer Law International B.V.
ISBN: 9041144838
Category : Law
Languages : en
Pages : 264

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Book Description
Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’

Author: Guiguo Wang
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218548
Category : Law
Languages : en
Pages : 385

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Book Description
The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

Author: Chien-Huei Wu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004208992
Category : Law
Languages : en
Pages : 329

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Book Description
Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

Author: Anastasia Loginova
Publisher: Routledge
ISBN: 1317097890
Category : Political Science
Languages : en
Pages : 187

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Book Description
What lessons can be learnt from the accession to the World Trade Organization (WTO) of Russia, China, and Ukraine? Were there any peculiarities in the adaptation of their economies to the rules and norms of the organisation, and what impact did it have on the world trade system? This detailed, systematic, and comparative analysis of the social and economic impact of the accession of these countries to the WTO addresses these questions, presenting an economic and legal analysis of the reasons and consequences of their joining the WTO. Comparative legal and economic methods are used to explore the social and economic causes and consequences of membership for post-communist states and to suggest ways in which new members can adapt to WTO standards. This work will be of interest to experts and students in the fields of economics, jurisprudence, and customs affairs.

Author: Karen Halverson Cross
Publisher:
ISBN:
Category :
Languages : en
Pages : 52

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Book Description
This article discusses the unparalleled economic, legal and political change that has confronted China during WTO accession. The article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, it analyzes the manner in which WTO accession has initiated profound legal reform. The final section of the article discusses the effects of adhering to WTO-related obligations on the future of political reform, and suggests that the resulting weakened control of the Communist Party may ultimately lead either to continued growth and political liberalization or mass unrest and a backlash of government repression.

Author:
Publisher: Council on Foreign Relations
ISBN: 0876092849
Category : Business & Economics
Languages : en
Pages : 35

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Book Description
China's entry into the World Trade Organization (WTO) will offer considerable economic benefits both for China and the United States, as well as the opportunity to make progress on economic, security, and political issues in the Sino-American relationship. This report addresses how cooperation between the two countries on these issues can improve the prospects for U.S.-China relations in general.

Author: Ted C. Fishman
Publisher: Simon and Schuster
ISBN: 9780743257527
Category : Business & Economics
Languages : en
Pages : 364

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Book Description
What will happen when China can make nearly everything the U.S. and Europe can make--at one-third the cost? Fishman delves into dangerous question that not everyone wants answered.